Sword refers to chaos to promote the institutionalization of the leasing market supervision the
first housing leasing regulations solicit opinions, "high in and low out", "long income and short payment" will be controlled
□ Our reporter Wan Jing
The Ministry of Housing and Urban-Rural Development recently announced the draft of the "Regulations on Housing Leasing" and solicited opinions from the whole society.
The consultation draft regulates the order of the leasing market in terms of leasing and leasing, leasing companies, brokerage activities, and supporting measures, focusing on safeguarding the legitimate rights and interests of the parties to the house leasing, and building a stable house leasing relationship.
It is reported that the "Regulations on Housing Leasing" is the first regulatory and normative document in the field of housing leasing in my country. It aims to effectively regulate market order and promote the institutionalization of leasing market supervision, which is of great significance to the development of the industry.
Clearly put forward three "not allowed"
Reduce the risk of long-term rental model
With the rapid development of my country's housing leasing market, the types and numbers of housing leasing parties such as homeowners, housing intermediaries, and tenants have rapidly expanded, and the legal relationship between housing leasing and housing brokers has become increasingly complex.
In the past, laws and regulations that only targeted landlords and tenants could no longer cover the guidance and supervision of the entire market.
The problems of long-term rental apartment enterprises running off the road, rent loans, and false housing that have been frequently exposed by the media recently have seriously affected the normal development and order of the housing rental market.
On September 7, the Ministry of Housing and Urban-Rural Development issued a draft of the "Regulations on Housing Leasing", which aims to build a stable legal relationship for housing leasing and maintain a normal, healthy and orderly housing leasing market order.
Especially for the long-term leasing business model, the draft for comments puts forward a variety of regulatory measures.
Specifically, the draft for comments states that housing leasing companies must not require tenants to use housing rental loans by concealment, deception, or forcing, and must not induce tenants to use housing rental loans in the name of rent concessions, and must not include them in housing lease contracts. Rental loan related content.
Regarding high-risk business models such as "high input, low output" and "long income, short payment", the draft also proposes that housing leasing companies have to pay more rent to the owner of the house than to collect the rent from the lessee, and the period of collecting rent from the lessee is longer than the payment of the right to the house. In the case of high-risk business behaviors such as the rent cycle of people, real estate management and other departments should include them in the list of abnormal business operations, strengthen supervision of operating conditions such as rent and deposit use, and municipalities and municipalities with districts can establish housing leasing fund supervision System, including rent, deposit, etc. into supervision.
Industry insiders said in this comment that the draft of the consultation draft clearly puts forward the “three must not” requirements for the widely-concerned rental loan issue, and provides for the “high-in-low-out” problem in the irrational expansion of leasing agencies. Severely restrained.
From the effect point of view, by strengthening supervision, it helps to suppress the possibility of risks in advance.
Yan Yuejin, director of the Think Tank Research Center of Shanghai E-House Research Institute, believes that the introduction of the above policies further refines the relevant policies of the housing leasing market, especially for the current volatile long-term rental apartment market. If it can be truly implemented, it will play an effective role in regulating and guiding the long-term rental apartment market and other housing leasing industries, and at the same time help reduce the risk of long-term rental apartment operation.
Fake listings are criticized
Order to close business if not changed
Publishing false housing information is a type of problem that has been criticized in the chaos of the housing rental market.
A set of house photos becomes a "real scene" shared by multiple sources, and the price of the same house is different by hundreds of thousands of yuan...Real estate agents often induce buyers and renters to get hooked by publishing false listings and forging house transaction prices. occur.
For housing leasing companies publishing false listings, concealing important information that affects housing leasing, leaking or improper use of customer information, etc., the draft for comments provides detailed explanations and related penalties.
For example, for the release of false housing information, the draft for comments stipulates that the real estate management department shall give a warning and order correction within a time limit; if the correction is not made within the time limit, the business shall be ordered to suspend business for 1 month to 6 months; it can be imposed with a penalty of more than 20,000 yuan 10 A fine of less than 10,000 yuan.
If losses are caused, they shall be liable for compensation according to law.
In recent years, relevant departments have intensified their efforts to rectify and control such chaos.
At the end of June 2018, the Ministry of Housing and Urban-Rural Development, together with the Central Propaganda Department, the Ministry of Public Security, the Ministry of Justice, the State Administration of Taxation, the State Administration of Market Supervision, and the China Banking Regulatory Commission, initiated governance in 30 cities including Beijing and Shanghai from the beginning of July to the end of December 2018. Special action on chaos in the real estate market.
The focus is on cracking down on the chaos in the real estate market including illegal real estate intermediaries, including cracking down on violent evictions of tenants, bundled fees, Yin and Yang contracts, mandatory provision of agency services, embezzlement of client funds, and participation in speculative real estate speculation.
Subsequently, the housing construction department notified the country of the list of illegal and illegal real estate agencies.
The reporter of Rule of Law Daily noted that the draft for comments clearly stated that the lessor will rent out houses that do not meet the compulsory engineering construction standards, fire safety requirements, or relevant national standards for interior decoration, and other houses that cannot be rented according to law, or rent out kitchens and bathrooms. If non-residential spaces such as balconies and underground storage rooms are leased out in serious circumstances, the unit shall be fined 100,000 yuan up to 500,000 yuan.
Draw the “red line” of practitioners
Increase industry supervision
Customer fraud, vicious competition, "triad involvement," and no complaints about leasing disputes... The chaos in the leasing market makes housing intermediaries and real estate agents seem to be "inseparable but criticized" industries , The service quality and standardization of the housing brokerage industry urgently need to be improved.
The draft for comments proposed to establish a registration system for housing rental agencies and raise the barriers to entry.
Strengthen the supervision of industry-accessed enterprises, establish a registration system for leasing agencies, require enterprises to file, formulate reward and punishment measures, and clarify the "red line" of the behavior of housing brokerage agencies and employees.
Zhu Shuying, executive director of the China Real Estate Association and executive director of the Legal Affairs Committee, analyzed that the development of the intermediary industry in my country's real estate leasing market is very uneven. The intermediary industry is mostly small enterprises, the number of large companies is small, and the cost of housing leasing intermediary market , Competitive technology threshold is low, resulting in a bad state of low-price competition, and consumers will eventually pay for it.
“Previously, the barriers to entry in the market intermediary industry were too low. With the implementation of my country’s policy of streamlining administration and decentralization, many small intermediary companies first need to register for business licenses and only need to file with the housing and construction department. The entry barriers are low and it is easy for a certain Some small intermediary companies are outside the supervision of government functional departments." Zhu Shuying said.
Zhu Shuying suggested that the housing leasing market mechanism should be improved, the supply should be increased, the market players should be expanded and the leasing relationship should be stabilized, and the protection of rights and interests should be strengthened to improve the quality of services.
At the same time, strengthen the training of intermediary service personnel, improve their quality, implement a registration and filing system for practitioners and a vocational training system, encourage real estate brokerage practitioners to participate in the national evaluation test, and implement service classification.
The consultation draft also strengthened the supervision of the housing brokerage industry.
The draft for comments stipulates that online trading platform operators that provide housing rental information publishing services shall perform online filing responsibilities in accordance with the law and be responsible for the true identity of the information publishers, and shall not allow unfiled, be included in the list of business abnormalities or seriously violate the law Housing leasing companies, real estate agencies and their practitioners on the untrustworthy list release housing information.
If the online trading platform operator knows or should know that the information publisher has provided false materials, false information and other illegal circumstances, it shall take necessary measures such as deleting and shielding relevant information, keeping relevant records, and reporting to the relevant authorities; failure to take necessary measures to cause In case of losses by others, they shall be jointly and severally liable with the information publisher in accordance with the law.
Encourage business to change leases
Revitalize inventory and increase supply
Another highlight of this consultation draft is that it clarifies that the housing leasing industry encourages commercial leasing, industrial leasing and other stock revitalization measures, encourages incremental rental housing construction and the diversified development of housing leasing finance. These measures are important for housing leasing companies. It is undoubtedly good news.
At the same time, the draft for comments also clarifies the disciplinary measures for market entities who violate laws and regulations, aiming to effectively maintain fair competition among various entities in the housing rental market and promote a healthy evolution of the market.
The draft for comments proposes that the state encourages the construction of leased housing through newly-added land, the construction of leased housing in new commercial housing projects, the use of the entire existing housing for lease, and the conversion of non-residential buildings such as commercial office buildings and industrial plants into Increasing the supply of rental housing through multiple channels such as rental housing.
The state supports financial institutions to innovate financial products and services for housing leasing in accordance with the principles of controllable risks and sustainable business, supports the development of real estate investment trust funds, and supports housing leasing companies in issuing corporate bonds, corporate bonds, non-financial corporate debt financing instruments and other companies Credit bonds and asset-backed securities are specifically used to develop housing leasing business.
Housing leasing companies may pledge the right to rent income from housing leasing in accordance with the law.
At the same time, the draft for comments proposes that local people’s governments at or above the city level with districts should incorporate new rental housing into the housing development plan based on factors such as the supply and demand of local rental housing, reasonably determine the construction scale of rental housing, and set the annual housing construction plan and housing Arranged in the land supply plan.
In addition, the draft for comments also regards stabilizing rent prices as the core of government supervision.
The specific regulations include: First, the establishment of the rent guidance system will be accelerated, reflecting the government's guidance on the rental market, that is, the formation of the concept of local "benchmark rent".
Second, the establishment of a rent publicity system will be accelerated, and subsequent rent information will be announced in various regions and different houses.
Third, the establishment of the rent supervision system will be accelerated. The concept of “stabilizing rents” will become the fourth “stability” after “stabilizing housing prices, land prices, and expectations”. In the subsequent development of the rental market, rental stability will also Become an important content for evaluating governments at all levels.
Gao Qinwei, a professor at the School of Law of the Central University of Finance and Economics, believes that from the draft for comments, the national regulatory authorities will promote more detailed and pragmatic housing leasing policies.