Catalogue of Regulations of Hangzhou Municipality on Housing Lease Management

The "Regulations" of Hangzhou Municipality on Housing Lease Management has been deliberated and adopted at the 23rd executive meeting of the Municipal People's Government on June 3, 2006, and is hereby promulgated.

Provisions of Hangzhou Municipality on the Administration of House Lease

Article 1 In order to strengthen the management of house leasing, ensure the healthy development of the house leasing market, and safeguard the public interests and the legitimate rights and interests of both parties to the lease, these Provisions are formulated in accordance with the provisions of the People's Republic of China (PRC) Urban Real Estate Management Law, the Zhejiang Housing Leasing Management Regulations and other relevant laws and regulations, and combined with the actual situation of this Municipality.

Article 2 These Provisions shall apply to the management of house leasing within the urban area of this Municipality.

Article 3 The houses mentioned in these Provisions include residential houses, industrial and commercial houses, office houses, warehouses and other houses.

House lease refers to the behavior that the lessor delivers the house to the lessee for residence, production, operation, office and storage, and the lessee pays the rent to the lessor.

If the lessor contracts the house to others for business operation, or gains income by not directly participating in business operation and taking business risks in the name of cooperation or joint venture, it shall be deemed as house lease.

Lending the house to others for use with compensation shall be managed in accordance with these provisions.

Article 4 The people's governments of cities, districts and townships (towns) and sub-district offices shall strengthen the leadership and coordination of the management of house leasing, implement the management funds, institutions and personnel, and do a good job in the management of house leasing in their respective areas.

Fifth public security, housing management, taxation, industry and commerce, family planning management and other administrative departments. Should be in accordance with their respective responsibilities, according to the law of housing rental supervision and management, strengthen coordination, establish an information exchange system, realize the sharing of management resources.

The public security organ is responsible for the comprehensive coordination of the management of house leasing, and is responsible for the public security management, fire control management and household registration management of the leased house.

The real estate administrative department is responsible for the registration and filing of house lease.

The tax department is responsible for the tax collection and management of house leasing.

The administrative department for industry and commerce shall be responsible for investigating and dealing with illegal business practices such as unlicensed operation of leased houses and illegal real estate intermediary service agencies.

The family planning administrative department is responsible for the family planning management of the lessee.

Article 6 The District People's Government shall, according to the actual needs, organize the district public security, housing management, taxation, industry and commerce, family planning management and other functional departments to implement a joint office system, and centrally handle housing lease registration, lessee information registration, temporary residence registration of floating population, tax collection and management, industrial and commercial registration, family planning management and other work.

Seventh relevant administrative departments should give full play to the role of neighborhood committees, real estate intermediary service agencies, property service enterprises, unit security organizations, mass public security organizations and the broad masses of the people in housing lease management.

Eighth housing lease registration system.

The lessor and the lessee shall sign a house lease contract, and within 10 days from the date of signing the house lease contract, apply to the district real estate administrative department where the leased house is located for handling the house lease registration and filing procedures, and submit the following materials:

(a) housing ownership certificate or other legal ownership certificate;

(2) Legal and valid identity certificates of the lessor and lessee;

(3) Housing lease contract.

The leased house belongs to * * *, and the lessor shall also provide written proof that other * * * people agree to rent it; If the house is entrusted for lease, the trustee shall provide proof that the client authorizes the lease; If the house is sublet, the sublessor shall submit the proof that the lessor agrees to sublease.

If both parties to the house lease change or cancel the house lease contract, the lessor shall go through the registration formalities of change and cancellation within 10 days from the date of change and cancellation of the house lease contract.

Housing lease registration shall not charge any fees to the lessor.

Article 9 For those who meet the conditions for housing lease registration, the district real estate administrative department shall register within 10 days from the date of receiving the application for registration, and issue a housing lease registration certificate. If the leased house is under the circumstances listed in Article 19 of these Provisions, or the lessor fails to perform the obligations listed in Item (1) of Article 20 of these Provisions, it shall not be registered for the record.

Article 10 Where a real estate intermediary service agency provides housing rental intermediary services, it shall inform the lessor to handle the housing rental registration procedures, and submit the details of the housing rental contract signed through the intermediary service of the agency to the district real estate administrative department where the leased house is located every half month.

Eleventh district real estate administrative departments shall, before the 5th of each month, submit the relevant materials submitted by the housing lease contract registration and real estate intermediary service agencies last month to the municipal real estate administrative department.

Article 12 the municipal real estate administrative department shall sort out the housing lease registration and related materials submitted by the district real estate administrative department, and send a copy to the municipal public security organ before the 25th of each month, which will be published by the public security organ in the population comprehensive information management system.

The housing lease registration and related materials published by the population comprehensive information management system shall be kept accurate, complete and updated in time.

Housing management, taxation, industry and commerce, family planning management and other administrative departments have the right to * * * enjoy the relevant information and materials in the population integrated information management system within the scope of statutory functions and powers.

Article 13 The lessor shall, within 10 days after going through the registration formalities of house lease, register the information of the lessee with the public security organ where the leased house is located, and sign the safety responsibility letter.

If the lessee changes, the lessor shall, within 10 days after handling the registration procedures for the change and cancellation of the lease of the house, go to the public security organ where the leased house is located to register the change of the lessee's information.

Article 14 If the lessee who is not registered in this Municipality takes the leased house as his domicile, he shall go through the temporary registration formalities with the public security organ where the leased house is located with the lease record certificate.

Article 15 Where a lessor rents a house, it shall register, declare and pay taxes with the tax authorities where the leased house is located with the rental record certificate and other documents.

Article 16 Where the lessee takes the leased house as the business place, he shall go through the industrial and commercial registration formalities with the administrative department for industry and commerce where the leased house is located according to law with the lease record certificate and other materials.

Article 17 If the non-registered lessee of childbearing age fails to apply for the Certificate of Marriage and Childbearing of Floating Population, it shall go through the relevant formalities at the family planning administrative department where the leased house is located in accordance with the relevant provisions.

Article 18 The lessor and lessee may apply Articles 13, 14, 15, 16 and 17 of these Provisions to the registration and filing procedures of the house lease contract.

Public security, housing management, taxation, industry and commerce, family planning management and other administrative departments. It shall publicize the legal basis, handling conditions, procedures, time limit, charging standards, as well as the catalogue of all materials to be submitted and the model text of the application.

Nineteenth houses under any of the following circumstances shall not be rented:

(a) the ownership of the house is controversial;

(two) there is no housing ownership certificate or other legal ownership certificate;

(3) It is an illegal building;

(four) the housing safety appraisal institutions identified as dangerous houses, affecting the safety of use;

(five) houses that do not meet the fire safety standards;

(6) being sealed up according to law;

(seven) other circumstances stipulated by laws and regulations.

Article 20 The lessor shall abide by the following provisions:

(a) shall not be leased to units and individuals without valid identification;

(two) found in the rental housing or lessee suspected of illegal and criminal acts, it shall promptly report to the public security organs;

(three) when renting a house to a lessee of childbearing age, it shall urge him to abide by the family planning policies and regulations; If it is found that the lessee is pregnant or gives birth, it shall promptly report to the family planning administrative department, the township (town) people's government or the subdistrict office where the leased house is located;

(four) to assist the lessee who is not registered in this Municipality to go through the temporary registration formalities with the public security organ where the leased house is located; Assist the relevant administrative departments and township (town) people's governments and sub-district offices to collect the information that the lessee should fill in according to law;

(five) to assist the relevant administrative departments in the implementation of housing lease management according to law.

Article 21 The lessee shall abide by the following provisions:

(a) to provide legal and valid identification, truthfully fill in the lessee information registration form;

(two) the use of housing in accordance with the planning purposes, structure, fire safety regulations, shall not arbitrarily change the nature of the use of rental housing, or the implementation of other illegal construction activities;

(three) found in the rental house or live with people suspected of illegal and criminal acts, it shall promptly report to the public security organs;

(four) to fulfill the obligation of family planning, the lessee of childbearing age shall accept the guidance of family planning technical services at the place of residence;

(five) to assist the relevant administrative departments in the management of rental housing according to law.

Twenty-second public security, housing management, taxation, industry and commerce, family planning management and other administrative departments shall, in accordance with their respective responsibilities, strengthen the inspection of housing lease.

Neighborhood (village) committees and realty service enterprises shall establish a daily inspection system, assist relevant administrative departments and township (town) people's governments and neighborhood offices to collect information on house leasing, and cooperate with relevant administrative departments to check the house leasing situation within their respective jurisdictions.

Article 23 In violation of these regulations, if administrative punishment has been stipulated in laws, regulations and rules such as People's Republic of China (PRC) Public Security Administration Punishment Law, People's Republic of China (PRC) Tax Collection Management Law, Zhejiang Housing Rental Management Regulations, Zhejiang Temporary Population Management Regulations and Zhejiang Floating Population Family Planning Management Measures, such provisions shall prevail.

Article 24 If a real estate intermediary service institution violates the provisions of Article 10 of these Provisions and fails to submit the house lease contract signed through its intermediary service to the real estate administrative department, the district real estate administrative department shall give it a warning and order it to be submitted within a time limit; Fails to submit, punishable by more than 5000 yuan 1000 yuan fine.

Article 25 If the lessor violates the provisions of Article 13 of these Provisions, fails to register the lessee's information or change the registration according to the provisions, or fails to sign a letter of guarantee for public security responsibility, the public security organ shall order it to be handled within a time limit and may impose a fine on 500 yuan; If the circumstances are serious, it shall be ordered to stop renting.

Twenty-sixth lessee in violation of the provisions of article twenty-first (a), not according to the provisions of the lessee information registration form, the public security organ shall order it to make corrections within a time limit, and may impose a fine on 50 yuan.

Twenty-seventh public security, housing management, taxation, industry and commerce, family planning management and other administrative departments may, according to their respective responsibilities, formulate detailed rules for the implementation of housing lease management in accordance with these Provisions, and implement them after being approved by the municipal government.

Article 28 These Provisions shall come into force as of June 1 day, 2007.