(Policy Interpretation) Interpretation of Notice on Further Standardizing Administration of Granting Market Rental Subsidy

english.beijing.gov.cn

I. What is the basis of standardizing the administration of contracts and simplifying relevant procedures?

A: First, it is about applying model housing rental contracts. According to Article 3(2) of the Notice of Beijing Municipal Commission of Housing and Urban-rural Development and Other Departments on Accelerating Development and Standardization of the Housing Rental Market in Beijing Municipality (Jing Jian Fa [2017] No. 21), the interested party shall sign a written contract. The contract shall record basic information of the party, basic information of the rented property, rental fee, rental period,  rental use, and liability for breach of the contract. It also encourages the interested parties to apply model housing rental contracts. The interested parties can visit http://zjw.beijing.gov.cn/, the official website of Beijing Municipal Commission of Housing and Urban-rural Development, to download the modal sample in "Housing Administration" (房屋管理) > "Forms" (相关表格).

Second, it is about simplifying the collection procedures of market rental subsidies. According to Article 2(2) of the Notice of Beijing Municipal Commission of Housing and Urban-rural Development and Other Departments on Accelerating Development and Standardization of Housing Rental Market in Beijing Municipality (Jing Jian Fa [2017] No. 21), housing tenants are not required to submit written certification materials to prove that they have legal and stable residency in Beijing Municipality when applying for public services if they have filed a housing rental registration. Housing tenants can apply for rental subsidies in accordance with the registration information on the housing rental supervision platform if they meet the conditions of receiving subsidies for public rental housing.

II. What should the tenants do if they have collected the market rental subsidies but have not yet applied the Housing Rental Contract in Beijing Municipality (model sample)?

A: After the expiry of the previous contract, the housing tenant shall apply the Housing Rental Contract in Beijing Municipality (model sample) when signing a new contract with property lessors and going through the procedure of applying for market rental subsidies. Once the housing rental contracts are standardized, the housing tenant can register for market rental subsidies.

III. What collection procedures have been simplified according to the Notice?

A: Based on big data facilitation, housing rental registration can be filed for the convenience of both parties of the leasehold, upon which the simplification of market rental subsidies collection can be achieved. Property lessors are not required to process the subsidy registration and submit relevant materials on-site. Housing tenants are allowed to directly process the collection procedures at the housing security and management departments in sub-district offices (township people's governments) with the applicant's ID card, the applicant's bank card issued by a subsidy distribution bank, and the original and a copy of the housing rental contract. Tenants who rent single-story houses are not required to submit the safety appraisal of the houses.

IV. If a housing tenant has not filed a housing rental registration, are the simplification procedures still applicable to them?

A: If the housing tenant and the property lessors have not filed a housing rental registration, they shall follow the current policy and go through the required procedures.

V. What are the requirements for tenants wishing to rent houses from housing rental enterprises?

A: Tenants are allowed to rent houses from housing rental enterprises. The housing tenant can finalize the subsidy collection procedures after the housing rental enterprise has filed the housing rental registration.

VI. What materials are required for filing a housing rental registration?

A: Beijing Municipal Commission of Housing and Urban-rural Development has allowed various methods of filing housing rental registration. If the housing tenant signs the contract with a real estate brokerage organization or housing rental enterprise, he/she can request the organization or enterprise to complete the filing. The organization or enterprise does so by submitting the materials orregistering the deal on the housing rental supervision platform of Beijing Municipality. If the housing tenant signs the contract with a property lessor, the lessor can complete the filing procedure at the housing trading center or housing rental service window of the real estate registration center in the area where their house is located. They can register at the nearest service outlet (for more details on service outlets, please refer to the "Personal Housing Rental Filing Platform" at www.breaa.cn) or file the registration online at the official website of Beijing Real Estate Agency Association (www.breaa.cn).

The materials required for the housing rental registration include:

(1) Housing rental contract

(2) Identity certificates of the housing tenant(s). If the registration is done by an entrusted party, a letter of authorization and an identity certificate of the entrusted party are required.

(3) Property ownership certificate or other legal ownership certificates.

The information in the housing rental registration filing must include the information of the rented property, the identity of the housing tenant, the rental period, and the rental fee. The housing tenant(s) shall be responsible for the authenticity, legality, and effectiveness of the information provided.

VII. Are there any supervision measures for housing tenants who have acquired market rental subsidies?

A: According to the Notice on Application, Inspection and Distribution of Market Rental Subsidies (Jing Jian Fa [2015] No. 16), the district-level housing security and management departments shall organize relevant departments or entrust third-party organizations to conduct random or centralized inspections to make sure that the housing tenants are not using of forged or expired contract to apply for subsidies, and that there are no fraudulent rental behavior or subletting for profits. The district-level housing security and management departments shall cancel the application of housing tenants who have falsely acquired market rental subsidies; the district-level housing security and management departments shall request a return of the subsidy already handed out, and make the fraudulent act public through media and record it in the tenant's credit file. The housing tenant will be banned from applying for housing security qualifications and shared ownership housing for five years. If it constitutes a crime, the case will be transferred to the judicial organ. Employees of government departments, public institutions, and state-owned enterprises who provide false supporting materials to defraud market rental subsidies shall be transferred to relevant discipline inspection and supervision authorities for handling. Meanwhile, the district-level housing security and management departments shall organize relevant departments to investigate any fraudulent acts reported by the public or media and make public the investigation results.

(All information in this document is authentic in Chinese. English is provided for reference only. In case of any discrepancy, the Chinese version shall prevail.)

(Source: Beijing Municipal Commission of Housing and Urban-Rural Development)

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