Beijing Daily Client | Reporter Gao Zhi
Beijing's housing rental regulations will take effect on September 1
Expand the supply of affordable rental housing
Strictly control the chaos of "group rental houses" and "formaldehyde rooms"
Raising rents, non-refundable deposits, "formaldehyde rooms" and "black intermediaries"... From September 1 this year, Beijing's renters will be "supported" by the law when they encounter these troublesome chaos.
The "Beijing Housing Leasing Regulations" was established in June 2020 and passed by the Standing Committee of the Municipal People's Congress after three deliberation. It will be implemented on September 1 this year, except for urban public housing, public rental housing and other housing that have special management requirements All will be managed.
The spirit of "housing and living without speculation", "job-housing balance" and "housing and living" have been written into the regulations.
At the same time, the regulations highly respond to the concerns of the public, stipulating that the lessor shall not use abnormal means such as power outages and violent threats to drive the tenants away.
The rental house shall comply with the relevant safety regulations and standards for construction, public security, and indoor air quality, and shall not be partitioned to change the internal structure of the house.
In response to the rent increase that people are concerned about, the corresponding price intervention mechanism has also been clarified.
Guaranteed housing supply
Encourage new commercial housing projects to be equipped with rental housing
Increasing the supply of housing is an important way to ensure the rigid demand for housing.
The regulations first clarify the general principle of incorporating rental housing into housing development plans and expanding the supply of affordable rental housing.
In what ways can real supply be increased?
This Municipality encourages the increase of leasing by means of adding or using existing land for the purpose of building rental housing, supporting rental housing in newly-built commercial housing projects, converting non-residential existing housing into rental housing in accordance with regulations, and renting out qualified idle housing, etc. housing supply.
At the same time, rural land resources shall be revitalized, and it is clarified that rural collective economic organizations can use collective construction land to build and operate rental housing through self-construction, joint ventures, or shareholding, and idle houses on rural homesteads can be rented out according to law.
Balancing the lease relationship
Establish a unified rental "online signing" service platform
Establishing a stable rental relationship is a key part of resolving rental disputes, and the regulations further clarify the rights and responsibilities of landlords and tenants.
For example, it is advisable for the leasing parties to sign a long-term lease contract, and the lessor shall not resort to deliberately lowering service standards, such as stopping water supply and power supply, or illegal methods such as violence and threats, to force the lessee to change or terminate the housing lease contract, and to take back the rental housing in advance. Proof of identity materials should be provided, the obligations of the property user should be fulfilled, and the rental housing should be used safely and reasonably.
In order to reduce the burden on the masses, the regulations propose to establish a unified "housing rental management service platform" to provide rental parties with services such as online signing of housing rental contracts, registration and filing, information inquiry and verification.
The lessor and the lessee are encouraged to complete the online signing of the housing lease contract through this platform, and automatically submit the registration and filing.
The registration number of the housing lease contract can be used as a proof for the lessee to apply for a residence permit, settle points, and enroll children in public services.
Strict control over rent gouging
Rent rises too fast to intervene
"Rent soaring" is undoubtedly a scenario that all renters do not want to encounter.
The regulations stipulate that when the housing rent has risen significantly or is likely to rise significantly, the municipal 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.
If the lessor refuses to implement the price intervention policy, it will be handled by the market supervision department in accordance with the law.
Real estate brokerage agencies shall not earn the difference in rents, and shall not disrupt the market order by driving up rents, tying up consumption, fabricating and spreading information on price increases, etc.
It is difficult to distinguish the real and fake information on the online housing, and the platform must check.
The regulations clarified that Internet platforms should be responsible for identity verification, registration, information review and information reporting, and stipulated that information publishers who illegally released housing information or recommended housing within two years received more than three administrative penalties, or were suspended for rectification. , Internet information platforms shall take necessary measures, such as restricting their information release within a certain period of time, to protect the rights and interests of consumers.
Renovation of "group rental houses" and "formaldehyde rooms"
Do not break the partition and divide the house for rent
What kind of house is not allowed to rent?
Houses with serious safety hazards such as "group rental houses" and "formaldehyde houses" are strictly restricted.
The regulations make it clear that rental houses should comply with safety regulations and standards such as construction, public security, and indoor air quality, and have basic living conditions such as water supply and power supply.
The rental house shall take the originally planned and designed room as the smallest rental unit. No partition shall be used to change the internal structure of the house. The living room shall not be rented out separately. And the number of occupants in each room should comply with relevant regulations.
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.
In addition, in response to the problems of public security and nuisance caused by the use of short-term rentals in residential quarters, the regulations stipulate that the city implements regional differentiated management of short-term rental housing charged by the day or by the hour, and short-term rentals are prohibited in the functional core areas of the capital. housing.
Standardize long-term rentals
A single charge of rent for more than 3 months needs to be included in the supervision
The phenomenon of "thunderstorms" in long-term rental apartments has aroused public attention, and the regulations have brought this new format into supervision.
First of all, the entry threshold is clarified, and it is stipulated that housing leasing enterprises should have their own funds, professionals and management capabilities commensurate with their business scale, and establish and improve management systems such as information inspection, security assurance, and regular inspection.
Secondly, in terms of capital supervision, the amount of rent collected by housing leasing companies from the lessee at a single time shall generally not exceed three months’ rent, and the excess rent shall be included in the supervision; Account hosting.
At the same time, if the contract expires or is terminated, the housing leasing enterprise shall refund the remaining deposit and rent within three working days after the lessee returns the house, in addition to deducting expenses.
Financial loans are also regulated.
The rent loan granted by the financial institution to the lessee shall be transferred to the lessee's account, the loan amount shall not be higher than the amount of the housing lease contract, the loan term shall not exceed the term of the housing lease contract, and the frequency of granting loans shall match the frequency of rent payments by the lessee.
Housing leasing companies shall not induce tenants to use housing rental loans, or include rental loan-related content in their contracts, and companies that violate regulations and fail to make changes within the time limit may be fined between RMB 50,000 and RMB 300,000.