China News Service, Beijing, August 24 (Reporter Du Yan) Today, the Beijing Municipal Commission of Housing and Urban-Rural Development announced the "Beijing Housing Leasing Regulations" (Draft for Solicitation of Comments) (hereinafter referred to as "Draft for Soliciting Comments") to solicit opinions from the public .
Lou Jianbo, director of the Real Estate Law Research Center of Peking University Law School, said that the draft for consultation was drafted within the framework of the Civil Code and the National Housing Leasing Regulations (Consultation Draft), combining Beijing’s urban positioning and actual conditions. , Beijing has written "houses are for living, not for speculation" and establishing a "rental and purchase" housing system into local regulations. Beijing will strictly manage long-term apartment rentals, group rentals, and rent loans.
The draft has 6 chapters and 81 articles. It regulates hot issues such as the release of online listings, group rental housing, and long-term rental apartments. From today to September 23, 2021, it is open to the public to solicit opinions.
Protect the rights of tenants
Speaking of the consultation draft released by Beijing, Lou Jianbo believes that Beijing is the first to include the Party Central Committee’s positioning of "houses for living, not for speculation" and the establishment of a housing system featuring "rental and purchase". City of local regulations.
He said that the draft for comments protects the rights and interests of lessees.
It not only clarifies the rules on house leasing, but also requires that the rented houses have basic conditions such as water supply and power supply, and comply with the relevant regulations on construction, fire protection and interior decoration. They must not be rented in violation of planning and design requirements, and the number of residents must be exceeded. , Dilapidated houses, formaldehyde houses, etc., and it is proposed that the lessor shall not unilaterally increase the rent within the contract period. If the lessor terminates the contract in advance, it shall obtain the consent of the lessee.
The draft also proposes that the lessor should inform the lessee of the housing conditions, especially the completion time of the decoration, before signing the contract, so as to protect the lessee's right to know.
The draft also considers reducing the burden on lessees, and encourages lessors to collect rent on a monthly basis, and the deposit generally does not exceed one month's rent.
It is stipulated that the lessor shall not use violence, threats, or cut off water or electricity to force the lessee to return the rented house or bear the expenses not stipulated in the contract.
Lou Jianbo said that the draft for comments reiterated the legal rights granted to the lessee by the Civil Code, such as "sales without breaking the lease", "lessee's right of first purchase," "priority of tenancy rights," especially the leased housing and its auxiliary facilities that endanger the lessee. If it is safe or healthy, even if the lessee knows that the quality of the house or its auxiliary facilities is not up to standard when signing the contract, the lessee can still terminate the lease contract at any time.
Increase the means to control rents rising too fast
Lou Jianbo mentioned that the national version of the "Regulations on Housing Leasing" (draft for comments) stipulates: "If rents increase too fast, necessary measures can be taken to conduct reasonable adjustments."
The consultation draft released by Beijing this time specifies the necessary measures:
The first is to limit the rent increase for the "acquisition" of housing leasing companies, and investigate and deal with rent-raising.
This measure prevents major leasing companies from amplifying market fluctuations under the boost of capital.
The second is to implement the commission guide price.
It helps to reduce the actual burden of the tenant, especially to reduce the pressure of rent exchange.
The third is to implement the rent guide price, that is, the upper limit or increase of rent is set by the government by region to ensure that the rent is kept in a reasonable range.
This area may be some areas where prices are rising too fast, or it may be the entire range.
Lou Jianbo believes that these three progressive control measures are the first in Beijing and fully demonstrate Beijing's determination to regulate the rental market and stabilize rent levels.
This clause is mainly a response to the "rapid rent increase", which is a regulatory tool set up in accordance with the law and used to stabilize rents.
Strict management of long-term rental apartments and group rentals
In recent years, long-term rental apartments have been driven by capital, and there have been continuous chaos such as long-term income and short-term payment, high income and low output, thunderstorms, and excessive formaldehyde, which have seriously damaged the rights and interests of the leasing parties.
Standardized management measures issued by the Ministry of Housing and Urban-Rural Development and Beijing.
Lou Jianbo pointed out that the draft released this time fully reflects the idea of "strict management":
First, the main body has thresholds, requiring long-term rental apartments to have the corresponding personnel, funds and management capabilities, and the name and business scope should include the words "housing leasing" to facilitate social identification;
The second is to practice real names.
It is stipulated that the employees of housing leasing enterprises and real estate brokerage agencies shall apply for and use the information cards of the employees in accordance with the regulations, and work in real names.
The housing lease contract and the real estate brokerage service contract should be signed by the practitioner who provides the service and indicate the practitioner’s information card number.
Real-name practice is convenient to lock down the responsibilities of personnel and establish a foundation for the establishment of a credit system in the future.
The third is the supervision of funds.
It is stipulated that the amount of rent collected by leasing companies from lessees shall not exceed the sum of three months' rent, and the deposit shall not exceed one month's rent, so as to prevent housing leasing companies from using "fund pools" to expand disorderly.
Fourth, there are penalties for violations.
In response to common violations of laws and regulations by real estate brokerage agencies and housing leasing companies, penalties have been set in accordance with the severity of the circumstances, which has increased the cost of violations of agencies and practitioners.
The safety and nuisance problems of group renting houses are prominent, and complaints from citizens remain high.
The draft for comments proposes that the rental housing should be rented out according to the planning and design of the suites and rooms, and meet the requirements of per capita use area and the number of residents in each room. It is clear that the living room, kitchen, bathroom, balcony, storage room, etc. of the residence shall not be rented out for use separately. Live.
These regulations are consistent with the residential management regulations promulgated by Beijing in 2013. Upgrading the governance measures for group rental housing to local regulations and supporting corresponding penalties will bring great benefits to governance.
In addition, Beijing has previously issued relevant documents for rent loans, short-term rentals, and the issuance of false listings. The corresponding measures have also been incorporated into the draft for comments, which have been consolidated through legislation, and targeted penalties have been maintained to maintain Continuity and stability of the policy.
Lou Jianbo believes that the "Beijing Housing Leasing Regulations" (draft for comments) is worth looking forward to.
From the perspective of time, local regulations need to be submitted to the Municipal People's Congress for review after public comments are solicited and revised and improved. It is expected to be submitted for review in the first half of next year.
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