Notice from Ministry of Housing and Urban-Rural Development, Ministry of Civil Affairs and Ministry of Finance regarding Issues related to Tightening of Administration of Low Rental Housing

住房和城乡建设部、民政部、财政部关于加强廉租住房管理有关问题的通知

Promulgating Institution: Ministry of Housing and Urban-Rural Development; Ministry of Civil Affairs; Ministry of Finance

Document Number:Jian Bao [2010] No. 62

Promulgating Date: 04/23/2010

Effective Date: 04/23/2010

颁布机关: 住房和城乡建设部; 民政部; 财政部

文      号: 建保[2010]62号

颁布时间: 04/23/2010

实施时间: 04/23/2010

Housing and urban-rural development departments, civil affairs departments, and finance departments of all provinces and autonomous regions; construction commission (lands bureaus, housing security and housing administration bureaus), civil affairs bureaus, and finance bureaus of municipalities; and construction bureaus, civil affairs bureaus, and finance bureaus of Xinjiang Production and Construction Corps:

For the purposes of tightening the administration of low rental housing, and ensuring fair allocation and effective usage of low rental housing, pursuant to Several Opinions from State Council regarding Resolution of Difficulty in Housing for Low Income Households in Municipalities and Towns (Guo Fa [2007] No. 24) and relevant provisions in Measures for Low Rental Housing Security (Order of Ministry of Housing and Urban-Rural Development no. 162) issued by nine ministries and commissions including Ministry of Housing and Urban-Rural Development, the relevant issues are hereby notified as follows:

    各省、自治区住房和城乡建设厅、民政厅、财政厅,直辖市建委(房地局、住房保障房屋管理局)、民政局、财政局,新疆生产建设兵团建设局、民政局、财务局:

    为加强廉租住房管理,确保廉租住房公平配租和有效使用,根据《国务院关于解决城镇低收入家庭住房困难的若干意见》(国发[2007]24号)和住房城乡建设部等九部委《廉租住房保障办法》(建设部令第162号)等有关规定,现就有关问题通知如下:

1. Strict construction and access management

(1) Various regions are to gather sources for low rental housing through multiple channels such as new construction, rebuilding, acquisition, lease, etc. Construction of new low rental housing shall be carried out in a centralized construction manner consistently, and jointly built primarily in conjunction with the construction projects for economically affordable housing, commodity housing, and reconstruction of shanty towns. Newly constructed low rental housing projects shall be planned such that these are located at areas with convenient transportation, and relatively complete public amenity as far as possible. The construction of municipal amenity at the inner and outer areas shall also be carried out properly simultaneously so as to facilitate the life, employment, seeking of medical services and schooling for children of low-income households.

(2) The requirement of restricting the built-in area to within 50 square metres for one single unit of low rental housing shall be strictly adhered to. It is necessary to plan the floor areas of different dwelling sizes in reasonable proportion based on the demographic structure of the low income households. In respect of the construction of low rental housing in conjunction with main projects to be contracted to real estate development enterprises, the housing security department shall put forward the regulating requirements for floor areas of dwelling sizes, etc as prerequisites for tender projects put up to the legal entities.

(3) Optimize the design of various types of flats for low rental housing, expand the popularized application of energy saving technology in building, strive to meet the basic living needs in smaller types of flats, and endeavor to achieve complete functions, reasonable layout, energy saving, environmental friendliness and economical use.

(4) People's government of all municipalities and counties shall implement the relevant provisions in Measures for Identification of Low Income Households in Municipalities (Min Fa [2008] No. 156) as printed and distributed by the State Council, clearly specify the income of the applicants for low rental housing security and the duties in making asset declaration, pay close attention to the setup of information sharing mechanisms among the departments and organizations for housing security, public security (administration of vehicles and household registration), human resource and social security (social insurance), real estate, financial, trade and commerce, taxation, housing provident fund, etc, put forth effort in enhancing the accuracy in examination and verification of the eligibility for low rental housing security.

(5) Housing security departments for all municipalities and counties shall work jointly with the relevant departments in improving the procedures for application, review, making public notice, queuing system, and allocation of low rental housing; ensure the process of allocating low rental housing is open and transparent, and the outcome of rental allocation is fair and equitable.

       一、严格建设和准入管理

    (一)各地区要通过新建、改建、购置、租赁等方式多渠道筹集廉租住房房源。新建廉租住房坚持集中建设和在经济适用住房、商品住房、棚户区改造项目中配建相结合,以配建为主。新建廉租住房项目要尽可能安排在交通便利、公共设施较为齐全的区域,同步做好小区内外市政配套设施建设,方便低收入家庭生活、就业、就医和子女入学。

    (二)严格执行廉租住房单套建筑面积控制在50平方米以内的规定。要根据低收入家庭人口结构情况,合理安排不同套型面积住房的比例。对房地产开发企业承建的配建廉租住房,住房保障部门要提出套型面积等控制要求,作为项目法人招标的前置条件。

    (三)优化廉租住房户型设计,加大建筑节能技术的推广应用,力求在较小的户型内满足基本居住需要,努力做到功能齐全、布局合理、节能环保和经济适用。

    (四)各市、县人民政府要落实经国务院同意印发的《城市低收入家庭认定办法》(民发[2008]156号)的有关规定,明确廉租住房保障申请人的收入和资产申报义务,抓紧建立住房保障、公安(车辆和户籍管理)、人力资源和社会保障(社会保险)、房地产、金融、工商、税务、住房公积金等部门和机构的信息共享机制,着力提高廉租住房保障资格审核工作的准确性。

    (五)各市、县住房保障部门要会同有关部门完善廉租住房申请、审核、公示、轮候、配租程序,确保廉租住房配租过程公开透明,配租结果公平公正。

2. Tighten the lease management and services

(6) The housing security departments of all municipalities and counties shall effectively perform the rights and obligations of the property owners of low rental housing, tighten the management of contracts for low rental housing, clearly define the rights and obligations of the lessee targets, specify the rental amount, lease term, penalty for under-lease or sublease as well as other matters in violation of the stipulated liabilities in the usage, etc. 

(7) The management and services in respect of small areas of low rental housing constructed in a concentrated manner may be self-managed and self-serviced by the tenants. These may also be undertaken by professional property service enterprises or the original management organizations of the public housing. The management and services in respect of low rental housing constructed in conjunction with other projects shall be included in the projects whereby the properties will be managed in an unified manner.

(8) Tighten the management of the rental from low rental housing, and raise the payment rate of rental for low rental housing and service fees. Where the rental is not paid according to the contractual agreement and sending reminders proved to be ineffective, the organization that the lessee is working in may be notified and the rental may be directly deducted from the wage of the lessee.

(9) The rental for low rental housing shall be managed by executing "segregated lines for income and expenditure" strictly. The full amount shall be used in repair, maintenance and management of low rental housing and amenity. Where there is shortfall, it shall be planned in the budgets of the municipal's or county's finance. Policies on heating charge subsidy and reduction or exemption of fees for opening utility account for low rental housing security households shall be implemented according to provisions.

(10) Improve the systems for payout and management of lease subsidies on low rental housing and ensure the special subsidy funds are used in improving the living conditions.

(11) Where households, which are currently enjoying allocated low rental housing or receiving lease subsidy for low rental housing, make purchases of other housing thereafter, the formalities for withdrawal from low rental housing security shall be carried out.

(12) In handling registration for housing property ownership, the housing registration organization shall compare the information pertaining to whether the household members of the person applying for registration are currently enjoying low rental security with the information provided by housing security department.

       二、强化租赁管理和服务

    (六)各市、县住房保障部门要切实履行廉租住房产权人的权利和义务,加强廉租住房合同管理,明确承租对象的权利和义务,载明租金水平、租赁期限、转借或转租的处罚以及其他违反使用规定的责任等事项。

    (七)集中建设的廉租住房小区的管理和服务,可由租户自我管理、自我服务,也可以选择专业化的物业服务企业或原公有住房管理机构承担。在其他项目中配建的廉租住房管理和服务,要纳入项目统一的物业管理。

    (八)强化廉租住房租金管理,提高廉租住房租金和服务收费的缴交率。对不按合同约定缴纳租金并经催交无效的,可以通报承租人所在单位并从承租人工资收入中直接划扣。

    (九)廉租住房租金要严格执行“收支两条线”管理,全额用于廉租住房及配套设施的维修养护和管理,不足部分由市、县财政预算安排。按规定落实对低保家庭的供暖费补贴、水电气开户费减免政策。

    (十)完善廉租住房租赁补贴发放和管理制度,确保补贴资金专款用于改善居住条件。

    (十一)正在享受实物配租廉租住房或领取廉租住房租赁补贴的家庭,再购买其他住房的,应当办理廉租住房保障退出手续。

    (十二)房屋登记机构办理房屋权属登记时,应根据住房保障部门提供的信息,比对申请登记人家庭成员是否正在享受廉租住房保障的信息。

3. Conscientiously execute the supervisory responsibilities

(13) Resolving the housing problems of the low income households in the municipalities is an important duty of the public services of government. The housing security departments of the people's government for municipalities and counties shall be the main responsible entities for management of low rental housing. They are required to establish sound management mechanisms and executing organizations, recruit personnel, ensure availability of working funds, realistically perform the duties and responsibilities of managing governmental assets and rendering public services to low income households.

(14) Housing security departments of municipalities and counties are to be aware of changes in the household members who are the security targets and the usage of low rental housing on timely basis through various methods such as regular inspection through household visits. Housing security departments may, by way of government purchased services, appoint property service enterprises for low rental housing to undertake the inspection of the usage of low rental housing and other tasks.

(15) In respect of conducts such as fraudulently obtaining low rental housing security, malicious default in rental payment, leaving the flat unused for long period of time without proper reason, violation through sublease, on loan, exchange and transfer of low rental housing, etc, the housing security departments of the municipalities and counties shall, according to relevant provisions or contractual agreements, order for return by certain time limit. Where it is not returned after the time limit is past due, it may, in accordance with the contractual agreement, deal with it by adopting the treatment of rental adjustment until such time the low rental housing is recalled. At the same time, it may disqualify this household from applying for low rental housing security again. Where there is refusal to execute the treatment decided upon, the housing security departments of the municipalities and counties may apply to the local People's Court to enforce execution.

(16) Leverage fully on the function of social supervision, and open up the channel for lodging complaints and tip-off. Taking initiative in accepting supervision by media and general public through various forms. In respect of the conducts of fraudulently obtaining low rental housing security and violation in the usage of low rental housing as reported or complained by all walks of life in the society, these shall be dealt with promptly and the outcome of which shall be made known.

(17) Officers of the state's organs who misuse the power, neglect their duties, play favoritism and commit irregularities in the course of construction and management of low rental housing shall be investigated for liabilities according to law and according to discipline. Where it is suspected of committing a crime, it shall be handed over to the judicial organ to handle.

(18) This Notice shall take effect on the day it is printed and distributed.

Ministry of Housing and Urban-Rural Development of the People's Republic of China 

Ministry of Civil Affairs of the People's Republic of China 

Ministry of Finance of the People's Republic of China

April 23, 2010

       三、切实落实监管责任

    （十三）解决城市低收入家庭住房困难是政府公共服务的重要职责，市、县人民政府住房保障部门是廉租住房管理的责任主体。要健全管理机制和实施机构，充实人员，落实工作经费，切实履行政府资产管理和对低收入家庭公共服务的职责。

    （十四）市、县住房保障部门要通过定期入户调查等方式，及时了解保障对象家庭成员变动情况及廉租住房使用情况。住房保障部门可以通过政府购买服务的方式，委托廉租住房物业服务企业承担廉租住房使用情况的检查等工作。

    （十五）对骗取廉租住房保障、恶意欠租、无正当理由长期闲置，违规转租、出借、调换和转让廉租住房等行为，市、县住房保障部门要按照有关规定或合同约定责令限期退回;逾期未退回的，可以按照合同约定，采取调整租金等方式处理，直至收回廉租住房，并取消该家庭再次申请廉租住房保障的资格;对拒不执行处理决定的，市、县住房保障部门可向当地人民法院申请强制执行。

    （十六）充分发挥社会监督作用，畅通投诉举报渠道。通过各种形式主动接受媒体和公众的监督。对社会各界举报投诉的骗取廉租住房保障及违规使用廉租住房的行为，要及时处理，并公布结果。

    （十七）国家机关工作人员在廉租住房建设、管理过程中滥用职权、玩忽职守、徇私舞弊的，依法依纪追究责任;涉嫌犯罪的，移送司法机关处理。

    （十八）本通知自印发之日起施行。

    中华人民共和国住房和城乡建设部

    中华人民共和国民政部

    中华人民共和国财政部

    二〇一〇年四月二十三日