For black agencies, non -refund deposits, etc., new regulations have been introduced in many places
Author:Jilin Daily Time:2022.09.29
On September 1st this year, the "Beijing Housing Rental Regulations" began to implement, and this local regulations made provisions on issues such as "partitioning" group rental and "black intermediary" non -refund deposit.
The housing rental market involves a wide range of people and is closely related to the daily life of the people. The "Xinhua View Point" reporter learned that recently, policies and measures have been introduced in many places to regulate housing leasing and put forward more clear requirements for maintaining consumer rights and interests.
New regulations for rent complaints
The reporter's investigation found that the problems in the housing rental market in some places still existed. On the Black Cat Complaint Platform, the reporter found that there were more than 30,000 complaints based on "rental" as keywords. Among them, the leasing institutions did not refund the deposit. complaint. In addition, there are also many complaint cases in the rental houses "partitions" and contract settings "overlord clauses".
At the end of July this year, the Qingdao Housing and Construction Bureau issued the "Notice on the Complaint on Housing Rental Enterprises in the first half of 2022", which announced the top ten housing rental enterprises in the first half of this year. The report pointed out that during the operation of these enterprises, there were mainly malicious detention deposits, rent and other security deposits. The lease additional services were irregular, the service attitude was poor, and the parties were not timely to complain, which seriously disrupted the market order.
In response to the problems in the housing leasing market, many places have introduced and implemented local regulations or related regulatory regulations on housing leasing since this year.
On January 1 this year, the "Implementation Rules of the Supervision of Shanghai Housing Rental Trading Fund (Trial)" jointly issued by the Shanghai Housing Management Bureau and the Shanghai Supervision Bureau of the China Banking Regulatory Commission began to implement; in the second half of this year, the Shanghai People's Congress Standing Committee will also promote Legislative projects such as housing lease regulations. In April, the Guangzhou Municipal Housing and Urban Construction Bureau issued the "Notice of the Guangzhou Housing and Urban -Rural Development Bureau on Regulating the Housing Leasing Market". In May, the Standing Committee of the Beijing Municipal People's Congress reviewed and approved the "Beijing Housing Rental Regulations", which was implemented on September 1. In August, Wuhan Housing Security and Housing Administration released the "Implementation Rules for the Implementation of Housing Rental Fund (Trial)".
In addition, since this year, Qingdao, Shijiazhuang, Hefei, Zhengzhou, Fuzhou, Wuxi and other places have also introduced relevant policies for housing leasing.
Huang Hui, a senior analyst at the Shell Research Institute, believes that strengthening the rectification and specifications of the housing leasing market in various places aims to curb the violations of the rights and interests of tenants and landlords due to the illegal operation of the leasing institution.
Guarantee tenants' rights and interests to standardize the rental market
The reporter sorted out and found that most of the housing leasing regulations issued in various places have reflected some problems such as non -refund deposits or rents, intermediaries "partitions", etc., focusing on protecting the rights and interests of tenants, and standardizing the order of the housing leasing market.
—— Strengthen fund supervision and ensure the safety of tenants' funds.
Recently, Zhengzhou Housing Rental Platform has launched the "Housing Rental Fund Supervision" function. Each housing leasing enterprise should choose a supervision bank that connects with the platform to open a unique regulatory special account, and incorporate the rent and deposit paid paid by the lessee as required to include the lessee's rent and deposit in the deposit. Supervision.
"Many of the rents are young people with low income, and the rent and deposit of thousands of dollars may affect their lives." Li Chuanwen, executive director of the Beijing Okken Law Firm. The law stipulates that tenants can sue to the court, but due to the high cost of litigation and long time, many tenants can only swallow.
The "Beijing Housing Rental Regulations" stipulates that the deposit collected by the housing leasing enterprise to the lessee generally shall not exceed one month's rent, and it will be custody through a third -party special account in accordance with regulations. Shanghai stipulates that the rent and deposit collected by the housing leasing operation agency to the lessee shall be deposited directly in the supervision account by the lessee; the funds obtained by the personal "rental loan" shall be directly led by the loan agency to the regulatory account. Shenzhen requires that enterprises engaged in housing rental operations in Shenzhen should open special banks to collect the lessee deposit and rent, and the supervision funds must not be used at will.
——The governance "partition" group rental to ensure public safety.
Many places clearly stipulate that the housing structure is not allowed without authorization to ensure public safety. For example, the "Beijing Housing Rental Regulations" stipulates that rental housing shall "use the original planned room as the minimum rental unit, not to separate the interior structure of the house", and specify specific punishment measures for relevant illegal actions. The newly revised "Regulations on the Rental Rental of Town House in Guangdong Province" clearly stipulates that "the lease period, the lessee's reconstruction, expansion, or change the use of the housing use or structure must be approved by the lessor."
—— Strengthen the management of contract filing and standardize the housing market.
The "Beijing Housing Rental Regulations" stipulates that "the lessor should go to the district housing and urban and rural construction or housing authorities in accordance with the regulations within 30 days from the date of the establishment of the housing lease contract. The housing leasing activities in the administrative area of Shanghai shall sign the contract network in accordance with regulations. Nanjing, Hangzhou, Guangzhou and other cities have conducted contract signed filing based on the leasing platform, in real time grasp the business leasing operation, and urge leasing enterprises and brokerage institutions to record.
Implement the responsibilities of all parties to strengthen dynamic control
People in the industry believe that the amount of rental housing is large and the supervision of the housing rental market needs to further increase the law enforcement efforts, compact responsibilities, sink into the community on the spot, establish management accounts, and strengthen dynamic control. It is reported that after the "Beijing Housing Rental Regulations" was officially implemented, the Beijing Municipal Housing and Construction Commission will fully carry out regulations to enforce the regulations, especially for the first time the long rent, short -term rental, group rent, and Internet platforms will be included in legislation. The subject illegal violations.
Li Chuanwen believes that the "Beijing Housing Rental Regulations" stipulates that many irregular behaviors have punished, and have a strong demonstration role in protecting the leasing relationship, standardizing the leasing market, and protecting the rights of the masses. In the next step, with the acceleration of legislation and the introduction of rules and regulations in various places, it will effectively promote the healthy development of the housing leasing industry. The low contract record rate and difficulty refund deposit deposit will gradually be resolved.
Zhao Xiuchi, a professor at the University of Economics and Trade and vice chairman of the Beijing Real Estate Law Society, suggested that in response to illegal acts such as detention deposits, regulatory departments in various localities should unblock complaint channels, expose them in time, and take the initiative to reduce the cost of rights protection of renters. In response to the "partition" group rental, local housing construction, public security, fire protection and other departments must strengthen linkage, closely cooperate, investigate and deal with illegal acts, and eliminate hidden safety hazards. In response to the low record rate of rental contracts, some localities can formulate some reward and punishment measures due to local conditions, standardize the use of contracts, promote the improvement of the filing rate, and solve the "unclear" of the market for a long time.
In addition, Huang Hui believes that it is necessary to further improve the credit system in the housing leasing industry and strengthen credit management of the lessor, lessee and rental enterprise. In June of this year, the Jinan Housing and Construction Bureau released the "Credit Management Measures for the Real Estate Intermediary Industry in Jinan City" to comprehensively evaluate the integrity of the city's housing leasing enterprises and practitioners in housing leasing activities. This approach has certain demonstration significance.
Experts said that from the perspective of industry development, the development model of the leasing industry is still relatively single. At the same time, due to the insufficient professional certification and talent training system of employees, the supply of professional services is insufficient. It should further promote the institutionalization and professional operation of the housing rental market, cultivate relevant professional talents, establish and improve industry standards in terms of product structure, service experience, and after rental services, and promote the development of the housing leasing industry in the direction of standardization, refinement, and professionalization in the housing leasing industry. Essence
Source: Xinhua News Agency
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