From September 1, the "Beijing Housing Leasing Regulations" (hereinafter referred to as the "Regulations") came into effect, which clarified that the municipal government can take intervention measures when housing rents have risen significantly or are likely to rise significantly.

In addition, "group rental", "formaldehyde room", "individual second landlord" and "rental loan" have all become the focus of the "Regulations".

　　The "Regulations" are the first local regulations in the country to regulate "housing leasing" and long-term rental apartments and other emerging business formats. Beijing has become the first country to implement "housing, housing, not speculating, renting and purchasing, and job-housing balance", etc. Cities written into local legislation.

　　Follow 1

　　Intermediaries are prohibited from fabricating and disseminating information on price increases, etc.

　　The rapid rise in rents has caused many renters a "headache".

The relevant person in charge of the Beijing Municipal Commission of Housing and Urban-Rural Development said that at present, most of the main body of the housing rental market is retail investors to retail investors.

　　According to the "Regulations", the Beijing Municipal Department of Housing and Urban-Rural Development shall 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.

　　At the same time, the "Regulations" clearly prohibit housing leasing companies and real estate brokerage agencies from driving up rents, tying up consumption, fabricating and disseminating information on price increases, and other behaviors that disrupt the market order.

　　Follow 2

　　Remediation of illegal "group rental houses" and "formaldehyde rooms"

　　In recent years, the safety and nuisance of illegal "group rentals" has been a source of social concern.

According to the "Regulations", the rental housing shall take the originally planned and designed room as the smallest rental unit, and no partition shall be used to change the internal structure of the house; the living room shall not be rented out alone, and the kitchen, bathroom, balcony, storage room and other non-residential spaces shall not be rented out for Living; the per capita use area and the number of occupants in each room meet the relevant regulations.

At the same time, the "Regulations" endow sub-district offices and township governments with management responsibilities and the right to punish illegal group rents.

　　Specifically, if the housing is not rented out in accordance with the regulations, the sub-district office or township people's government where the housing is located shall order it to correct within a time limit or restore the original state, and impose a fine of not less than 2,000 yuan but not more than 10,000 yuan on individuals and 20,000 yuan on units. A fine of more than 100,000 yuan but not more than 100,000 yuan is imposed; if the correction is not made within the time limit, the rental shall be stopped before the correction is made, and a fine of 10,000 yuan to 50,000 yuan shall be imposed on individuals, and a fine of 100,000 yuan and less than 500,000 yuan shall be imposed on units.

　　In addition, in response to the "formaldehyde room" issue, the "Regulations" stipulate that rental housing should comply with national and Beijing safety regulations and standards on construction, public security, and indoor air quality.

If a housing leasing enterprise decorates the rental housing, it shall obtain the consent of the owner, and abide by the relevant regulations and standards for interior decoration and decoration, so as to ensure the safety of the rental housing.

　　If the relevant regulations are violated, 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, and may impose a fine of not less than 10,000 yuan but not more than 50,000 yuan; Those who do not make corrections shall be fined not less than 50,000 yuan but not more than 300,000 yuan.

　　Follow 3

　　"Individual second landlord" is brought into regulation

　　In response to complaints and reports of more deductions of rent deposits, long-term receipts and short-term payments, high-paying and low-paying, personal second landlords, and money-losing and other market chaos, the "Regulations" tailor-made "tightening spells" for violating market entities.

　　Among them, for the housing leasing market entities, it is stipulated that housing leasing companies and real estate brokerage agencies should have corresponding funds, personnel and management capabilities, requiring that the name and business scope of the companies should reflect the industry and business characteristics, and clarify the market entity registration and industry filing requirements.

　　The "Regulations" clearly include "individual second landlords" into supervision, and stipulates that individuals who sublease more than the prescribed number of houses shall apply to the district market supervision and management department for registration of market entities and obtain a business license, and their name and business scope shall include " “Housing rental” related words, the specific quantity shall be stipulated separately.

Those who engage in business activities without establishment registration shall be ordered by the district market supervision department to make corrections and their illegal gains shall be confiscated; those who refuse to make corrections shall be fined not less than 10,000 yuan but not more than 100,000 yuan; if the circumstances are serious, they shall be ordered to close down and suspend business in accordance with the law, and shall also be fined 100,000 yuan. A fine of more than RMB 500,000 and less than RMB 500,000 will be imposed, thus providing a legal basis for solving this chronic disease that has disrupted the market for a long time.

　　Follow 4

　　The commission charged shall generally not exceed one month's rent

　　In order to avoid problems such as "explosion" in long-term rental apartments, the "Regulations" propose that housing leasing companies should have their own funds, professionals and management capabilities commensurate with their business scale; establish and improve internal information inspection, security, and regular inspections. Management system and organization to implement.

　　Enterprise information needs to be transparent, 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 house condition statement must be prepared in advance and the lessee will be informed 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.

　　In response to the issue of capital supervision, the "Regulations" clarified that leasing companies should generally not collect more than one month's rent and must use a third-party special account for custody. The amount of rent collected at a time should generally not exceed three months' rent, and the excess rent should be included in the supervision; brokerage; The commission charged by the agency generally shall not exceed one month's rent, and if the contract expires and the party renews the contract, the brokerage agency shall not charge the commission again.

　　The "Regulations" clearly stipulate that "rent loans" will be strictly controlled. The rental loans issued by financial institutions shall be based on the recorded lease contracts and transferred to the lessee's account; the loan amount shall not exceed the lease contract amount, and the loan term shall not exceed the lease contract term. The frequency of lending should match the frequency of rent payments by the lessee.

　　■ Dialogue

　　The Regulations Highlight the Protection of the Lessee's Residential Rights and Interests

　　What are the considerations for formulating the Regulations?

What concerns will renters address under the Regulations?

A few days ago, Hu Qingfu, deputy director of the Housing Leasing Division of the Beijing Municipal Commission of Housing and Urban-Rural Development and one of the main drafters of the "Regulations", accepted an exclusive interview with a reporter from the Beijing News to interpret the "Regulations".

　　"Internet + housing rental" exposes new contradictions

　　The Beijing News: What factors were mainly considered in the drafting and formulation of the Regulations?

　　Hu Qingfu: First of all, in Beijing, the group involved in housing leasing is very large.

Among Beijing's more than 21 million people, more than one-third rents houses through the rental market, which also involves various types of landlords. We estimate that more than 10 million people are related to the behavior of housing leasing.

Housing leasing involves the vital interests of such a large group, but there is no special legal norm above the regulations before.

　　At the same time, with the rapid development of the housing rental market in recent years, some Internet platforms have flooded into the market, the "Internet + housing rental" model has developed rapidly, and emerging business types such as urban homestays, online room appointments, and short-term rentals have developed rapidly, and new contradictions have continued. It was revealed that the long-term rental apartment "exploded", the second landlord ran away, and the formaldehyde room, etc., caused a lot of contradictions and disputes.

　　In addition, from the national level, the CPC Central Committee and the State Council attach great importance to housing leasing and legislation, and have made important arrangements for the development of housing leasing in many important meetings, and proposed "simultaneous development of rental and purchase" in the report of the 19th National Congress of the Communist Party of China.

It is required to vigorously develop housing leasing, cultivate and develop the housing rental market, foster professional and large-scale housing rental enterprises, and accelerate the promotion of housing rental legislation.

　　The Beijing News: You mentioned the problems of "explosion" and formaldehyde rooms in long-term rental apartments. How to eradicate these problems?

How to ensure the implementation of relevant measures?

　　Hu Qingfu: During the legislative process of the "Regulations", an important principle we adhere to is problem orientation, which is to solve practical problems in the field of housing leasing in Beijing.

We hope that through the "Regulations" and a number of supporting policies, a relatively complete legal system for housing leasing will be established with the "Regulations" as the core, so as to solve the contradictions faced by the market and solve the problems of public concern.

　　At the same time, the implementation of the "Regulations" also requires governments at all levels, various departments, grassroots organizations, industry organizations, market players and other parties to work together to form a joint force to truly integrate housing leasing into the grassroots governance system and achieve co-governance and sharing.

　　Beijing News: From the perspective of protecting lessees, what are the main measures in the Regulations?

　　Hu Qingfu: The entire "Regulations" highlights the protection of the lessee's basic living rights.

For tenants, housing leasing involves stable right of residence and belongs to the category of people's livelihood. In the leasing relationship, the lessee is generally in a relatively weak position.

Judging from years of management practice, more than 90% of the complaints reflect that the rights and interests of the lessee have been violated.

　　Therefore, under the principle of equal protection of the parties in the Civil Code, the "Regulations" further highlights the protection of the lessee's living rights and interests in terms of living conditions, security, rent stabilization, and dispute mediation.

　　On the one hand, it is clearly stipulated that rental housing should meet the requirements of basic safety standards such as construction, public security, and indoor air quality, and have basic living conditions such as water supply and power supply. .

　　On the other hand, clarify the lessor's responsibilities and obligations for contract registration, rental registration, and safety management, and stipulate that the lessor shall not stop the water supply, power supply, heat supply, gas supply, or resort to violence, threats, etc. .

　　The lessor shall present the identity document and the proof of house ownership, inform the house decoration and cooperate with the on-site inspection of the house, etc.

Through the sharing of lease contract online signing and filing information, it is convenient for the lessee to handle public services such as residence permit, points settlement, children's enrollment, and provident fund withdrawal, and the lessee does not need to submit a paper contract.

　　In addition, the "Regulations" also proposes to establish a multi-disciplinary dispute resolution mechanism to help lessors resolve lease conflicts and disputes in a timely and proper manner.

　　The "Regulations" emphasize the connection between industry management and social governance

　　The Beijing News: As the first local regulations to regulate "housing leasing" in the country, what is the significance of the release and implementation of the "Regulations"?

What are the lessons for other cities?

　　Hu Qingfu: Throughout the country, there are many local regulations on housing leasing, but Beijing is the first to issue special regulations on "housing leasing".

The "Regulations" are the first local regulations in the country to regulate "housing leasing" and long-term rental apartments. Cities written into local legislation.

　　The "Regulations" issued by Beijing this time are quite different from the "Housing Rental Regulations" of other cities in the past.

In terms of the scope of standard objects and management mechanisms, the Regulations cover many emerging business formats, such as long-term rental apartments and Internet platforms.

At the same time, the "Regulations" also closely link industry management with social governance, clearly incorporate housing leasing into the grassroots governance system, empower towns and villages, and consolidate grassroots government management responsibilities.

　　As the capital, Beijing needs to play a leading and exemplary role.

We believe that the "Regulations" will play a certain role as an "exemplary" nationwide.

　　Beijing News: Regarding the implementation of the "Regulations", what are the further work arrangements?

　　Hu Qingfu: The further implementation of the Regulations involves many government departments in Beijing.

As far as the Beijing Municipal Commission of Housing and Urban-Rural Development is concerned, we started the drafting of supporting policies for the Regulations at the beginning of the year. So far, 5 supporting policies have been sorted out, and the other 8 need to be continuously improved in the next step.

　　The 5 supporting policies include the formulation of the information card template for employees of leasing intermediaries, the formulation of the model text of the housing condition statement, the revision of the model text of the housing lease contract, the formulation of regulations on the supervision of deposit custody rent, and the relevant regulations on the filing of rental intermediaries.

　　In addition, we have conducted comprehensive publicity training for various types of entities such as housing construction departments, housing leasing companies, and related Internet platforms in each district.

In the future, this work will also continue.

　　Beijing News reporter Xu Meihui