China News Online, December 1st (Reporter Yin Liqin) Recently, Xiaoying, who lives in Fengxian, Shanghai, discovered that the house she was renting through the rental platform was a housing with shared property rights, which made her unable to apply for a residence permit.
Xiaoying also learned that there are also illegal rentals in many common property-protected houses in the community.
It was learned from the Shanghai Municipal Urban Management Law Enforcement Bureau that the rental platform has been rectified and punished, and all relevant listings have also been removed.
This is the first case in Shanghai that a real estate brokerage agency rents out a shared property-guaranteed housing through an online platform.
What is a shared property house, and can it be rented out like a commercial house?
In fact, shared property housing is not the same as commercial housing. It is a kind of affordable housing. The government provides preferential policies. It is constructed in accordance with relevant standards. The area and sales price are limited. The scope of use and disposal rights are restricted. The property rights are shared by shares, and buyers have certain thresholds for application.
According to the Regulations of Shanghai Municipality on the Administration of Shared Property Rights Guaranteed Housing, the purchaser shall not rent or lend the shared property rights protected housing without authorization until the purchaser obtains the full property rights.
Real estate brokerage institutions and their brokers shall not act in violation of regulations for the sale or lease of shared property rights protection houses.
When the shared property house is converted into a commercial house, it can be rented out normally.
It is expressly stipulated that shared-ownership guarantee houses cannot be rented out. Why are these houses “moved on” the rental platform again?
The Fengxian District Urban Law Enforcement Bureau found out that Xiaoying, the tenant, saw the house on the Bamoutu housing rental platform and started renting. At that time, there were still many common property houses on the platform for rent.
After investigation, it was discovered that the Bamoutu housing rental platform was developed and operated by Shanghai Wanmou Company, which was used to release rental housing, provide customized electronic lease contracts, pay rental transaction fees, and collect intermediary fees.
The person in charge of the company acknowledged the fact that it was acting as an agency for the rental business of shared property rights protection housing in violation of regulations, and provided a number of rental contracts for the property rights protection housing represented by the company. This is due to the negligence of its business personnel to review the housing information, resulting in shared property rights. Guaranteed housing becomes rental housing.
Subsequently, the urban management law enforcement team members issued the "Notice of Ordering Correction" and "Inquiry (Inquiry) Notice" on the spot, ordering them to remove the relevant listings and accept further processing.
According to Article 52 of the "Measures for the Administration of Shared Property Guaranteed Housing of Shanghai Municipality": if a real estate brokerage agency acts as an agent for the sale or lease of a shared property guaranteed housing in violation of regulations, the district housing security administrative department shall order corrections within a time limit, and the real estate brokerage agency shall, Cancel the qualification for online filing and impose a fine of 30,000 yuan.
At present, all of the company's illegally rented public property guarantee housing listings have all been removed from the shelves, and online filing qualifications have been cancelled.
It is reported that the Shanghai Municipal Housing Administration has also recently held a special rectification work promotion meeting for shared property rights protection housing violations, launched pragmatic and efficient measures, improved long-term governance mechanisms, and made every effort to implement the rectification of violations.
The Shanghai Municipal Urban Management Law Enforcement Bureau and the relevant district urban management departments stated that they will closely cooperate with the housing management departments to implement the rectification of violations in accordance with the law, further refine the mechanism and measures, rely on cross-departmental collaboration, and increase the intensity of joint punishment.
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