"Black intermediaries", formaldehyde rooms, partition rooms, rental loans, random price increases, explosions in long-term rental apartments... With the boom in the rental market, some chaos has also been frequently complained about, and related formats need to be regulated urgently.
On September 1, the "Beijing Housing Leasing Regulations" (referred to as the "Regulations") came into effect.
This is also the first local regulation in the country to regulate "housing leasing", the first to regulate emerging formats such as long-term rental apartments, and Beijing is also the first to implement "housing, housing, not speculating, both renting and purchasing, and work-housing balance", etc. Cities written into local legislation.
A reporter from Beijing Youth Daily interviewed the relevant person in charge of the Municipal Housing and Urban-rural Development Commission for an authoritative interpretation of the ten hot issues of the "Regulations".
■Encourage "long-term contracts", and lessees can enjoy property services on an equal footing
"Formaldehyde rooms" with poor indoor air quality will face penalties
■Daily rental or hourly room must comply with regulations or obtain the consent of the owner of the same building (hoard)
■The deposit charged to the lessee shall generally not exceed one month's rent
■Sub-district offices and township governments should conduct daily supervision of housing rentals within their jurisdictions
■ Housing rents have risen significantly, requiring price interventions
■It is not allowed to break the partition for rent, and the living room shall not be rented out separately
■Do not rent housing to people who do not show identification
■The loan amount of "rent loan" shall not be higher than the amount of the housing lease contract
■Individuals who sublease more than the specified number of houses shall establish a housing leasing enterprise
Hotspot 1
Formaldehyde room and partition room shall not be rented
The safety and nuisance of illegal group rentals are prominent. At the same time, the rectification of illegal group rentals is also a special content of Beijing's "relief, rectification, and promotion".
The "Regulations" clearly stipulate that rental housing should meet basic safety standards such as construction, public security, and indoor air quality, and have basic living conditions such as water supply and power supply. Balconies, storage rooms and other non-residential spaces shall not be rented out for living; the per capita usage area and the number of occupants in each room comply with relevant regulations; illegal construction and other houses that are not legally allowed to be rented out are prohibited.
The corresponding legal responsibility states that if the housing leasing enterprise decorates and decorates the rental housing, if the indoor air quality does not meet the indoor air quality standard after testing by a qualified testing agency, the housing and urban-rural development or housing authority shall order it to make corrections within a time limit. A fine of not less than 10,000 yuan but not more than 50,000 yuan may be imposed; if the correction is not made within the time limit, a fine of not less than 50,000 yuan but not more than 300,000 yuan shall be imposed.
The "Regulations" also clearly endow the sub-district offices and township governments with the management responsibilities and the right to punish illegal group rents.
This is that Beijing has upgraded the practice experience of illegal group rental management since 2013 to local regulations, providing a more adequate legal guarantee for the governance work.
Hotspot 2
Multiple ways to increase rental housing supply
In addition to the norm, there is a real contradiction between supply and demand in the market.
To this end, multi-channel, multi-subject, multi-way increase the effective supply of rental housing has become a solution.
Hu Qingfu, deputy director of the Housing Leasing Management Office of the Beijing Municipal Commission of Housing and Urban-Rural Development, introduced in an interview with a reporter from Beiqing Daily that on the supply side, building rental housing on collective land has become an important way to strengthen the supply of rental housing. Become one of the 13 pilot cities in the country.
In 2020, Fengtai Bo Apartment Chengshou Temple Community was unveiled, becoming the first officially operating collective land rental housing project in the country.
The second type is the reconstruction of rental housing. In 2018, Beijing issued relevant documents, allowing some non-residential buildings, such as idle factories, guesthouses, and office buildings, to be converted into collective dormitories according to regulations to solve express logistics, housekeeping, Urban operation services such as catering guarantee the renting of personnel in the industry, and such houses can enjoy the prices of residents' water, electricity, heating, and gas, which were also reflected in relevant documents before, but this time it was determined through the "Regulations".
In addition, it is encouraged to increase the effective supply of rental housing by adding or using existing land to build rental housing, building rental housing in new commercial housing projects, and revitalizing idle housing on homesteads.
At the same time, it is clearly stipulated that these newly-built and renovated rental housing shall not be sold or sold under lease. Those who violate the regulations shall be ordered to make corrections and fined 100,000-500,000 yuan, and those who fail to make corrections within the time limit will be fined 500,000-1,000,000 yuan.
hot spot 3
Rent soaring government could intervene
Many tenants reported that in a first-tier city like Beijing, renting a house is a big expense, ranging from 20% to 50% of wages, and experiencing a wave of rent increases every year when the lease is renewed.
It is understood that most of the current housing rental market is retail-to-retail (C2C), the scale of housing rental companies (B2C) is relatively small, and there are few means of rent regulation and difficulty.
The "Regulations" clearly prohibit housing leasing companies and real estate brokerage agencies from driving up rents, tying up consumption, and fabricating and disseminating information on price increases that disrupt the market order.
The "Regulations" stipulate that the municipal housing and urban-rural development department should strengthen the monitoring of housing rental prices and establish and improve relevant early warning mechanisms.
When the housing rent rises significantly or is likely to rise significantly, the Municipal People's Government may take price intervention measures such as price increase declaration, limit rent or rent increase, etc., to stabilize the rent level, and report to the State Council for the record according to law.
Where the Municipal People's Government adopts price intervention measures, the lessor shall implement it; if it refuses to implement it, it shall be handled by the market supervision and management department according to law.
Hotspot 4
How much rent increase is considered a "significant increase"?
In August 2021, the Ministry of Housing and Urban-Rural Development issued the "Notice on Preventing Large-scale Demolition and Construction in the Implementation of Urban Renewal Actions", which clarified that the annual increase in urban housing rents should not exceed 5%.
Is there a clear definition standard for the "significant increase" in the "Regulations"?
In this regard, Hu Qingfu explained that the current rent in the rental market is a market-adjusted price, and there is no government pricing or guide price. Generally, the government does not interfere.
But when rents rise too fast, similar to 2018, affecting the stability of the entire housing rental market, the government can intervene in accordance with the law.
The next step will be to study and clarify the specific caliber of what constitutes an "apparent rise".
Hotspot 5
The deposit is escrow through a third-party dedicated account
Housing leasing intermediaries have always been an area of frequent conflicts and disputes. Civil, administrative and even criminal issues are intertwined, and more than 90% of them are contract disputes such as rent, deposit, and lease term, which involve many subjects and are difficult to handle. It is also a chaos in the rental market. one.
In the rental relationship, the tenant is often in a disadvantaged position.
Statistics show that more than 90% of the complaints reflect that the rights and interests of the lessee have been violated.
The "Regulations" clarify that the deposit charged by the housing leasing enterprise from the tenant shall generally not exceed one month's rent, and shall be escrow through a third-party special account as required.
The amount of rent collected at a time shall generally not exceed three months' rent, and the excess rent shall be included in the supervision.
The commission charged by a real estate agency for providing intermediary services shall generally not exceed one month's rent.
When the housing lease contract expires and the lessor and the lessee renew or re-sign the housing lease contract, the real estate brokerage agency shall not charge commissions again.
When the housing lease contract expires or is terminated, in addition to deducting rent, liquidated damages and other expenses, the housing leasing enterprise shall refund the remaining deposit and rent to the lessee within three working days after the lessee returns the house.
Hotspot 6
The maximum fine of 300,000 yuan for failure to perform escrow
Regarding the terms of deposit custody and rent supervision, Hu Qingfu told the Beiqing Daily reporter that there was no clear regulation on rent deposit supervision in the previous legal system.
This "Regulation" regulates this prominent contradiction at the legal level, and sets penalties, which will effectively reduce the contradiction and disputes of rent deposits and protect the legitimate rights and interests of the leasing parties.
"Beijing has implemented deposit custody since last year. From the perspective of the implementation effect, as long as these contracts are included in the deposit custody, there is basically no dispute over the deposit in the later period." Hu Qingfu said that the Municipal Housing and Construction Commission is speeding up the research. Formulate supporting policies for the supervision of deposit and rent, and will solicit public opinions from the public in the near future.
In addition, a reporter from Beiqing Daily noted that the "Regulations" also clarified specific punishment measures: if housing leasing companies, companies engaged in housing leasing business with their own houses, and real estate brokerage agencies have failed to perform deposit custody, rent supervision, or Failure to return the remaining deposit and rent on time shall be ordered by the housing and urban-rural development or housing authority to make corrections within a time limit, and a fine of not less than 10,000 yuan but not more than 50,000 yuan may be imposed, and relevant responsible persons may be fined not less than 5,000 yuan but not more than 10,000 yuan Fines; those who fail to make corrections within the time limit shall be fined between RMB 50,000 and RMB 300,000, and the responsible persons may be fined between RMB 10,000 and RMB 30,000.
Hotspot 7
Prevent thunderstorms and strictly manage "rent loans"
In response to complaints and reports, such as deduction of rent deposits, long-term receipts and short-term payments, high-income and low-payment, long-term rental apartment explosions, personal second landlords, and money-running and other market chaos, the "Regulations" are also tailored for illegal market players. "Tightening the Curse" to standardize and guide the "rent loan" of enterprises, prevent alienation from becoming a means of financing, prevent enterprises from creating a "capital pool", systematically curb the impulse of enterprises to blindly expand and staking the land, and reduce the risk of mine explosions in long-term rental apartments.
The "Regulations" stipulate that the lessee shall not be induced to use housing rental loans, or include rental loan-related content in the housing rental contract; strictly control "rental loans", and financial institutions shall issue rental loans on the basis of the recorded rental contract. The lessee's account; the loan amount shall not be higher than the lease contract amount, the loan term shall not exceed the lease contract term, and the loan issuance frequency shall match the rent payment frequency of the lessee.
In fact, with the explosion of Haoyuan Hengye and Danke Apartment, the “rental loan” has basically withdrawn from the Beijing market.
Hotspot 8
"Individual second landlord" is brought into regulation
The "Regulations" include "individual second landlords" into supervision, stipulate that individuals who sublease more than the specified number of houses should apply for the registration of housing leasing companies, and clarify the penalties for illegal acts, providing a legal basis for solving this chronic disease that has disrupted the market for a long time.
The business license, office address, employee information, service items and charging standards, complaint telephone numbers, etc. must be truthfully publicized on the business premises and on the network server, and the housing condition statement must be prepared in advance and inform the tenant of the relevant information.
Practitioners should hold the real name of the card to practice, and sign the lease contract for the provision of services and indicate the information card number.
Enterprises complete the online signing of lease contracts through the city's unified housing rental management service platform, and automatically submit for registration and filing.
Hotspot 9
Establish a housing rental online signing and filing mechanism
The Beiqing Daily reporter noticed that the "Regulations" stipulate that a housing rental online signing and filing mechanism will be established - the lessor should go through the housing rental registration filing and rental registration within 30 days of signing the rental contract.
At the same time, landlords and tenants are encouraged to complete the online signing of housing lease contracts through the housing rental management service platform, that is, online signing.
The implementation of online signing of housing lease contracts is to make full use of scientific and technological means to empower management services, develop and construct a unified housing rental management service platform in the city, integrate the management information of “houses, people, and enterprises” among departments, realize information sharing among departments, and provide housing Source information inspection, information inquiry of enterprises and employees, face recognition and other services, gradually realize "hand-held processing" and "one-stop service" such as online signing, filing, and inquiry of lease parties' contracts, and handle residence permits, points settlement, and provident fund withdrawals for residents. Provide convenience, and realize the registration and filing of lease contracts and lease registration through online signing, to avoid "doing two things with one thing", "let information run more, let the people run less errands".
Hu Qingfu introduced, "The "Regulations" do not require online signing for natural persons, but encourages people to sign contracts online through convenient services, but requires online signing for housing leasing companies and real estate brokerage agencies. The signature function is being further improved.”
Hotspot 10
Short-term rentals are prohibited in the functional core areas of the capital
In recent years, with the rise of "Internet +", emerging business forms such as "short-term rental" in cities have developed rapidly, and residential houses widely distributed in residential areas are rented out in the form of "short-term rental" and "online booking", satisfying travelers. At the same time, the demand for short-term accommodation also seriously affects the normal living life of the residents in the community, causing a large number of conflicts and disputes.
The "Regulations" stipulate that Beijing implements regional differentiated management of short-term rental housing charged by the day or by the hour, and the operation of short-term rental housing is prohibited in the functional core areas of the capital.
The rental of short-term rental housing in other urban areas shall comply with the relevant management regulations of this city and the management regulations of the community. If there are no management regulations or no relevant provisions in the management regulations, the unanimous consent of other owners in the building or in the same one-story house or courtyard shall be obtained.
The lessor shall sign a public security responsibility guarantee with the police station where the house is located.
In addition, the "Regulations" incorporates homestead housing leasing into the city's standardized management and into the grass-roots governance system, and specifies that the agricultural and rural departments are responsible for guiding the supervision and management of homestead housing leasing, establish and improve the villager self-governance mechanism, and encourage rural collective economic organization and scale. , Cooperative and unified management of professional housing leasing enterprises, and renting out idle houses on homesteads.
Text / reporter Song Xia
Coordination / Yu Meiying