Administrative Measures of Tianjin Municipality on Basic Housing Security

• Document Number：Decree No. 54 of the Tianjin Municipal People's Government
• Area of Law： Real Estate
• Level of Authority： Local Government Rules
• Date issued：08-17-2012
• Status： Effective
• Issuing Authority： Tianjin Municipality

The People’s Government of Tianjin Municipality
(Decree No. 54)
The Administrative Measures of Tianjin Municipality on Basic Housing Security was adopted at the 92nd Executive Meeting of the Municipal People’s Government on August 7, 2012 and is hereby promulgated. These Measures shall come into force as from October 1, 2012.
Huang Xingguo, Mayor
August 17, 2012
Administrative Measures of Tianjin Municipality on Basic Housing Security
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with relevant laws, regulations and policy stipulations of the state, and in keeping with the actual conditions of the Municipality for the purpose of consummating the basic housing security system and meeting the basic housing needs of the urban low- and middle-income families with difficulties to buy a house and of the employees coming to Tianjin from other places.
Article 2 These Measures apply to the work of planning and construction, operation and management, application for access, use and withdrawal, and supervision and administration of housing security of this Municipality.
The phrase "basic housing security" mentioned in these Measures refers to the provision of help and support to the families that meet the requirements and the employees coming to Tianjin from other places by leasing and selling indemnificatory housing and issuing housing rental subsidies to ensure that the aforesaid families and people can enjoy the basic living conditions.
The phrase "indemnificatory housing or low-cost housing" mentioned in these Measures refers to the policy support granted by the government which stipulates the floor space, rent standard and sales price, and leases and sells housing including public rental housing, capped-price commercial housing, affordable housing, and so on to the families that meet the requirements.
The phrase "housing rental subsidies" mentioned in these Measures refers to the monetary grants provided by the government to the eligible families that meet the requirements to be used for rental housing.
Article 3 The housing security work shall be commensurate with the level of economic and social development and meet the basic housing needs; it shall adhere to government guidance and policy support, and guide social participation; it shall adhere to stratified subsidies, separation of rent from subsidies, and combination of rent with sales; it shall adhere to standardized management, and openness and transparency in the process of distribution, resulting in fair and just distribution.
Article 4 The Municipal People’s Government shall strengthen leadership of the housing security work, organize and give an impetus to the district and county people’s governments and all relevant departments to do well the housing security work, and be responsible for supervision over the implementation of the district’s and county’s housing security work. The district and county people’s governments shall be responsible for the organization, implementation, supervision and administration of the housing security work within their respective administrative areas.
The Municipal land and housing competent administrative department shall be responsible for guidance, promotion, supervision and coordination of the housing security work of the whole city. The district and county housing competent administrative departments are the competent departments of the housing security work within their own administrative areas, responsible for the specific implementation, supervision and administration of the housing security work within their own administrative areas.
The administration departments of development and reform, construction, planning, finance, taxation, civil administration, human resources and social security, public security, industry and commerce, supervision, and so on and the Municipal housing fund administrative centre shall assist in doing well the related work of housing security according to their respective responsibilities.
Article 5 This Municipality sets up an organ for implementing the city-level housing security, which shall exercise management of the housing security affairs of the whole city according to its responsibilities, and assume the responsibility of guidance and supervision over the district and county housing security implementation mechanisms.
The district and county people’s governments, the sub-district offices (the township and town people’s governments) shall set up housing security implementation organs, responsible for the housing security affairs.
The district and county people’s governments shall guarantee the personnel and funds needed by the housing security implementation organs of the district and county, and the sub-district offices (the township and town people’s governments).
Article 6 The Municipal, district and county people’s governments shall give priority to the allocation of housing security funds in the fiscal budget, increase financial capital investment, and widen the channel of housing security fund sources.
The sources of housing security funds chiefly include:
(1) Funds allocated by fiscal budget;
(2) The central government’s budget investment and special subsidy;
(3) The funds from the housing fund incremental benefit after deducting the management fees and risk reserve;
(4) The funds extracted according to the prescribed ratio from the net proceeds of land transfer;
(5) The government revenue obtained from leasing and selling indemnificatory housing;
(6) Financing through bank loans, housing fund loans, medium- and long-term bonds, insurance fund, trust capital, the real estate investment trust, and many other ways;
(7) Social donation in the form of funds; and
(8) Funds raised by other channels and means.
Article 7 This Municipality puts into practice preferential tax policy for indemnificatory housing. The specific preferential measures shall follow relevant provisions of the state and this Municipality.
Article 8 This Municipality encourages financial institutions to issue medium- and long-term loans to construction projects of indemnificatory housing, encourages guarantors to provide guarantee for construction projects of indemnificatory housing, and encourages government investment and financing platform companies meeting the stipulations to raise funds by issuing enterprise bonds or medium-term notes, which shall be exclusively used for construction of indemnificatory housing.
Article 9 This Municipality shall set up the information system of unified housing security management, and carry out information management for indemnificatory housing, housing rental subsidies, and housing security objects.
Article 10 The Municipal, district and county people’s governments encourage and support all parties of society to take part in the housing security undertakings; and units and individuals that have distinguished themselves in the housing security work shall be commended and awarded in accordance with relevant provisions of the state and this Municipality.
Article 11 All units and individuals have the right to report and complain about illegal acts against housing security, and relevant departments and units shall timely check and handle them according to law in conformity with their respective responsibilities.
Chapter II Planning, Construction, Operation and Management
Article 12 The Municipal land and housing competent administrative department in collaboration with departments of development and reform, planning, construction, and so on shall compile the housing security plan of this Municipality and the annual security tasks in accordance with the level of economic and social development, the resident housing conditions, and the general requirements of housing security of this Municipality, and in the light of the financial capacity, the resources and environmental conditions, and the population size and structure, and report them to the Municipal People’s Government for approval before announcement for implementation.
The housing security plan and the annual tasks under the plan shall accord with the national economic and social development plan, the urban and rural plan, the master plan of land use, and the housing construction plan of this Municipality.
Article 13 Indemnificatory housing resources may be assembled through new construction, purchase, renovation, or taking back according to law, long-term lease, social donation and many other channels.
In areas where non-native employees are relatively concentrated, the local district and county people’s governments or the administrative organ of the functional zone shall raise dormitory-type public rental housing through diverse channels.
Article 14 The additional construction land for indemnificatory housing shall be given priority in the land use annual plan and the quota shall be given separately.
The government reserve land and the state-owned land whose use right is taken back shall prioritize the construction of indemnificatory housing.
Article 15 The construction land for indemnificatory housing shall be the state-owned land and the supply of land shall follow relevant provisions of the state and this Municipality.
The planning conditions, the apartment layout standard, the model structure, the construction requirements, the non-profit public housing construction and supporting construction and their handover, the time of commencement and completion of construction, the objects of lease and sales, and other requirements of indemnificatory housing shall be incorporated into the land use requirements of the construction land for indemnificatory housing, and shall be clearly stipulated in the allocation decision of the state-owned land use right or in the assignment contract of the state-owned land use right.
The construction land for indemnificatory housing may not be changed for other purposes without authorization.
Article 16 Combination of centralized construction with scattering and supporting construction shall be put into practice for indemnificatory housing.
In building indemnificatory housing in a centralized manner, consideration shall be given to residents’ employment, medical treatment, schooling, trips, and other needs, the public transit system shall be improved, and supporting public service facilities and the municipal infrastructure shall be built simultaneously. The size of the supporting facilities shall meet the requirements of the quota of the supporting facilities.
Indemnificatory housing constructed in a scattering and supporting manner shall be planned, designed, built, completed and delivered for use simultaneously with commercial housing.
Article 17 The planning and design of indemnificatory housing shall implement the measures of economical and intensive land use and energy conservation and emission reduction in accordance with the principles of land saving, energy conservation, and environmental protection.
The apartment layout design of indemnificatory housing shall meet the requirements of small apartments, complete functions, adequate supporting facilities, high quality, safety and reliability, use the space scientifically and possess the basic residential functions.
The design of dormitory-type public rental housing shall meet the national specifications of dormitory building design.
Article 18 The development and construction unit of indemnificatory housing shall possess corresponding qualifications and good social credit. The determination of development and construction units shall meet relevant provisions of the state and this Municipality.
Article 19 Construction of indemnificatory housing shall fulfill statutory construction procedures, and strictly implement construction standards and specifications.
The unit undertaking projects of indemnificatory housing shall assume overall responsibility of safety, durability, the functions of use, energy conservation and environmental protection, and the units of prospecting, design, construction, engineering monitoring, and so on shall bear corresponding quality responsibility according to law.
The responsible persons for projects undertaking, prospecting, design, construction, engineering monitoring of construction projects of indemnificatory housing shall bear lifelong responsibility for construction quality of indemnificatory housing according to law.
Article 20 After receiving the report on acceptance check of the construction unit, the unit undertaking projects shall first organize individual household acceptance check and, after they pass the acceptance, further organize the acceptance check upon completion of the construction project. After the acceptance check upon completion of indemnificatory housing, the unit undertaking projects shall inlay the mosaic sign in the conspicuous place of the building, indicating the names of the units of projects undertaking, prospecting, design, construction, engineering monitoring, and so on.
The public rental housing shall be appropriate decorated according to the principle of economy and environmental protection, be equipped with basic functions of use, and reach the stipulated conditions of delivery for use.
Article 21 The public rental housing project may plan and construct supporting commercial service facilities, which are managed and operated in a unified way to realize balanced fund. The Municipal People’s Government shall give support according to relevant provisions.
Article 22 The purchased indemnificatory housing shall be moderate in apartment type and reasonable in price, and the purchased price shall not be higher than the price verified by the pricing competent administrative department. Where indemnificatory housing under construction is purchased, the time limit of completion shall be agreed upon to ensure the delivery for use in good time.
Article 23 The property right unit of public rental housing may determine the operating unit which is to be responsible for operation, management, maintenance and upkeep of the public rental housing. The operating unit shall possess experience in housing management and good social credit.
Article 24 The local district and county people’s governments shall exercise community comprehensive management for public rental housing in accordance with the management requirements concerning newly-built residence community.
Property management shall be exercised for residence community of public rental housing, and the standard of property management service shall meet the requirements of relevant provisions of this Municipality.
Chapter III Application and Access
Article 25 The access system is put into practice for housing security. The housing security access conditions shall be put forward and appropriately adjusted by the Municipal land and housing competent administrative department together with relevant departments and be reported to the Municipal People’s Government for approval before announcement for implementation.
The housing competent administrative department and the civil administration department shall, according to their respective responsibilities, respectively verify the housing, income (property) and pertinent information of the applicants, and work out the detailed rules for implementation according to law.
Article 26 The urban families with housing difficulties that meet the housing security access conditions of this Municipality may, according to their actual needs, choose to apply for purchasing or leasing indemnificatory housing or apply for housing rental subsidies. Employees coming to Tianjin from other places that meet the conditions may apply for public rental housing lease.
In principle, one family can only enjoy one method of housing security, but the families that have already enjoyed housing rental subsidies may apply for public rental housing lease; the families whose housing is expropriated according to law may apply for purchasing orientation placement affordable housing, and those families among them that have enjoyed housing rental subsidies shall first withdraw from housing rental subsidies before applying for purchasing orientation placement affordable housing.
Article 27 Those who apply for housing rental subsidies shall apply to the housing security implementation organ of the sub-district (township or town) of their registered permanent residence.
Those who apply for public rental housing lease or purchase of capped-price commercial housing or affordable housing shall apply to the housing security implementation mechanism of the district or county of their registered permanent residence, but those who apply for purchasing orientation placement affordable housing because their housing is expropriated shall apply to the housing security implementation mechanism of the district or county where their housing is expropriated.
The applicants should truthfully declare their household registration, their family members, housing situation, family income (property), and so on, and declare in writing that they are willing to accept investigation and verification on the part of the relevant examination and verification department.
Article 28 Those whose application materials for housing security are complete after examination and verification shall be accepted for handling and be given written documents; if the application materials are not complete, the applicants shall be informed of the needed materials to be supplemented and corrected at one time.
The district and county housing competent administrative departments are responsible for confirmation, examination and verification of the household registration, family members, housing situation, and so on of applicants. The district and county civil administration departments are responsible for confirmation, examination and verification of the family income (property) of applicants.
The examination and verification department may adopt information comparison, archival forensics, visits to neighbours, household surveys, and other ways for examination and verification. The applicant and relevant units of public security, industry and commerce, human resources and social security, taxation, housing accumulation fund, and individuals shall give cooperation, provide convenience, and offer truthful information as things really are.
Article 29 Where an applicant meets the conditions for housing security after examination and verification, the accepting institution and the examination and verification department shall announce the result of examination and verification according to relevant provisions, and the period of soliciting opinions after the announcement is published may not be less than five days.
Those who have objections to the content of the announcement shall put them forward in written form within the time limit of the announcement. The accepting institution and the examination and verification department shall verify the objections and feed back the result of verification.
Where no objections to the content of the announcement are raised or the objections are untenable after verification, the district or county housing competent administrative department shall allow the applicant to enjoy corresponding housing rental subsidies, the purchase of capped-price commercial housing or affordable housing or public rental housing lease.
Article 30 Where an applicant fails to meet the conditions for housing security after examination and verification, the examination and verification department shall inform the applicant in written form thereof and explain the reasons.
The applicant who has objections to the result of examination and verification may apply to the examination and verification department for re-verification. The applicant shall be informed of the result of the re-verification in written form within 15 workdays.
Article 31 The Municipal land and housing competent administrative department in collaboration with relevant departments shall come up with and adjust in good time the standards of housing rental subsidies after overall consideration of the housing rental market price, the income of the housing security objects, the financial capacity, and other factors of this Municipality, and report them to the Municipal People’s Government for approval before announcement for implementation.
Article 32 The rent standard of public rental housing shall be determined and adjusted in accordance with the guidance rent of the housing rental market of the area where the project is located. The Municipal land and housing competent administrative department shall come up with the rent standards of specific projects, and make them known to the public after verification of the Municipal pricing competent administrative department.
Article 33 The Municipal pricing competent administrative department in collaboration with relevant departments shall determine the selling prices of capped-price commercial housing and affordable housing after overall consideration of construction cost, related taxes, profits, and other factors, and announce them to the public.
The selling price of capped-price commercial housing shall maintain a reasonable price difference from the selling price of the ordinary commercial housing market of the same area.
Chapter IV Use and Withdrawal
Article 34 Where the families that are allowed to receive housing rental subsidies rent public rental housing, their housing rental subsidies shall be directly allocated to the rental income account of the property right unit of public rental housing or the operating unit.
Where the families that are allowed to receive housing rental subsidies rent housing from the market, they shall sign the house-leasing contract, and handle the certificates of housing rental registration and files, and then apply to the district or county housing competent administrative department for housing rental subsidies. Where those rent houses for family members of the same household registration, or their houses are confirmed to be the housing of the family, their housing rental subsidies shall not be granted.
Where the actual rent of the family rental housing is more than the housing rental subsidies, the excess shall be borne by the lease family; where the actual rent of the family rental housing is less than the housing rental subsidies, the housing rental subsidies shall be issued according to the actual rent.
Article 35 The lessee of the public rental housing that pays housing accumulation fund should apply for extraction of housing accumulation fund and authorize the Municipal housing fund administrative centre and the housing fund business undertaking bank to extract it by the month.
Article 36 Families that are allowed to rent public rental housing shall sign the contract of lease after registration, housing lottery and house selection. Before signing the contract of lease, the applicant shall pay the homestay bond fee to provide performance guarantee.
Families that are allowed to rent public rental housing shall conduct housing lottery and house selection in accordance with the following order:
(1) The family that is allowed to receive housing rental subsidies and with its member(s) suffering from extremity disability of Class I or Class II or blindness of Class I or Class II;
(2) Families that are allowed to receive housing rental subsidies apart from the preceding provision; and
(3) Other families that are allowed to rent public rental housing.
Article 37 The lease period of the lessee of public rental housing for the first time may not exceed three years.
When the period of the contract of lease expires and the lessee wishes to continue leasing, the lessee shall apply to the district or county housing security implementation mechanism for continued leasing three months before the expiration of the contract of the lease. Where conditions are met after examination and verification on the part of the district or county housing competent administrative department, the period of continued leasing each time may not exceed one year. When the period of the contract of lease expires without application for continued leasing or the conditions are not met after examination and verification, the lessee shall evacuate and return the house on his/her own.
Article 38 The rent of each apartment of public rental housing shall be determined by the operating unit of public rental housing in conformity with the project rent standard verified by the pricing competent administrative department and in the light of the adjustment coefficient of building floors and direction. Where the project rent standard is adjusted within the leasing period, the operating unit of public rental housing shall sign a contract of lease anew with the lessee, and change the amount of rent.
Article 39 The lessee of public rental housing shall pay rent and related fees in a timely manner and in full amount according to the contract of lease.
Where the lessee of public rental housing fails to pay rent, the operating unit of public rental housing may deduct rent from the lessee’s rent deposit and interest in accordance with provisions or the agreement in the contract of lease.
Article 40 The lessee of public rental housing may not sublease or sublet, or damage his/her leased house or allows it to stay idle, and may not change the purpose of use, the structure and supporting facilities of the house.
Article 41 Where the lessee of public rental housing, in violation of the contract of lease, commits any one of the following acts, the operating unit of public rental housing has the right to unilaterally terminate the contract of lease and take back the house according to law; where loss is caused, the operating unit of public rental housing has the right to ask the lessee to compensate for the loss:
(1) Subleasing or subletting the leased house or allowing it to stay idle;
(2) Taking the liberty to change the purpose of use, the structure and supporting facilities of the leased house;
(3) Failing to pay rent for an accumulated period of over six months;
(4) No longer meeting the lease conditions of public rental housing; and
(5) Other situations as provided by laws and regulations or rules.
Article 42 The sales of capped-price commercial housing and affordable housing shall apply for a marketing licence according to law and carry out online sales and sign the sales contract through the commercial housing marketing management system.
The buyer in the sales contract shall accord with the permitted buyer of indemnificatory housing.
The marketing unit of capped-price commercial housing and affordable housing shall examine the identity of the buyer. Where the buyer fails to obtain the permission of the district or county housing competent administrative department to purchase capped-price commercial housing and affordable housing, the marketing unit may not sell the house to the buyer.
Article 43 Where the capped-price commercial housing is jointly purchased by the applicant, his/her spouse, parents, and children, the applicant’s spouse, parents, and children may be registered as the common owners.
Where the affordable housing is jointly purchased by the applicant and his/her near relatives, the near relatives may be registered as the common owners.
The real estate register and the certificate of rights of capped-price commercial housing and affordable housing shall give clear indication of the type of indemnificatory housing, and the permitted date of transfer.
Article 44 Where those have purchased upon permission the affordable housing specially built for them because their houses are expropriated according to law and are allowed to transfer their houses only after they have obtained the real estate title deed, they shall be exempted from paying the integrated price of land revenue in transference.
The affordable housing and capped-price commercial housing apart from the preceding provision can be transferred according to law only after good five years as from the day of paying the deed tax.
Article 45 Families that receive housing rental subsidies and rent public rental housing shall perform the obligation of declaration. During the period of enjoying housing security, when changes occur to their family housing, population, income (property) and other information, they shall make declaration truthfully within 30 days as from the day of occurrence of the changes; where no changes have taken place, they shall declare within 30 days before a full year since they are permitted to enjoy housing security.
Families that receive housing rental subsidies shall make declaration to the housing security implementation mechanism of the sub-district (township or town); families that do not receive housing rental subsidies but rent public rental housing shall declare to the operating unit of public rental housing. The housing security implementation mechanism of the sub-district (township or town) and the operating unit of public rental housing shall timely assemble the information and report to district or county housing security implementation mechanism.
Article 46 The district and county civil administration departments shall verify the changes of income (property) of the housing security objects, and feed back the results of the verification to the housing competent administrative department of the same level.
The district and county housing competent administrative departments shall verify the changes of the population, housing and other information of the housing security objects, and feed back the results of the verification to the civil administration department of the same level. The district and county housing competent administrative departments shall make decisions on the continuation, adjustment, and termination of housing security or on the disgorgement of the subsidy funds in accordance with the results of verification of the changes of the population, housing, income (property) and other information of the housing security objects, but the work of echelon cohesion shall be done well concerning those who meet the conditions of housing security but whose security standards or security methods need be changed.
The Municipal land and housing competent administrative department in collaboration with relevant departments shall study and work out the detailed rules for the implementation of the verification and handling of the declared information of housing security objects.
Article 47 In any one of the following cases, the lessee of public rental housing shall quit the leased house in accordance with relevant provisions:
(1) The lessee of public rental housing fails to apply for continuation of lease before the contract of lease expires or the application no longer meets the conditions of lease after examination and verification;
(2) The contract of public rental housing lease has been terminated; and
(3) During the period of public rental housing lease, the lessee purchased indemnificatory housing or obtained other housing through purchase, donation, inheritance, and any other means.
Where the lessee fails to quit at the expiration of the time limit, the operating unit of public rental housing may file a civil litigation at the district or county people’s court where the leased house is located. The housing use fees of the period from the cancellation of the lease contract to the evacuation and return of the housing shall be calculated in accordance with the rent standard as agreed upon in the lease contract.
Article 48 Real estate intermediary service institutions may not illegally release information on indemnificatory housing or conduct sales and leasing activities of indemnificatory housing by proxy.
Chapter V Supervision and Administration
Article 49 The Municipal People’s Government shall formulate the annual housing security responsibility target, and put into practice the hierarchical supervision and assessment mechanism. Where those fail to fulfil the annual housing security responsibility target, the administrative organ and the supervisory organ of the next higher level shall interview with them and implement the accountability system.
Article 50 The Municipal land and housing competent administrative department shall exercise supervision and administration of the district and county housing competent administrative departments, the housing security implementation mechanisms, and the operating units of public rental housing in terms of accepting application, examination and verification, issuance of subsidies, configuration of rent and sales, withdrawal, the use of funds, and other housing security work.
The Municipal civil administration department shall exercise supervision and administration of the examination work of income (property) under the charge of the district and county civil administration departments.
Article 51 The Municipal, district and county housing competent administrative departments and the housing security implementation mechanisms together with the civil administration departments, and so on shall intensify supervision and inspection of housing security objects by adopting routine inspection tours, regular checks, special examinations, and other ways.
Article 52 The housing, civil administration, and other competent administrative departments shall make information open in terms of accepting application, examination and verification, distribution, withdrawal, and so on of housing security, improve people’s access to government departments that handle tip-offs and petitions by means of letters and visits, and accept supervision of the people’s congress, the audit organ, and the public according to law.
Article 53 The district and county housing security implementation organs, the development and construction units of indemnificatory housing, and the operating units of public rental housing shall respectively establish archives of housing security objects and indemnificatory housing archives according to their respective duties. The Municipal housing security implementation mechanism shall guide and supervise the establishment, accumulation and use of archives.
The information of indemnificatory housing archives shall be incorporated into the housing security management information system.
Chapter VI Legal Liabilities
Article 54 Where an applicant, in violation of the provisions of these Measures, purposefully conceals, falsifies, and fabricates relevant information, or uses improper means such as bribes to apply for housing security, his/her application shall be rejected and, within five years as from the day of rejection of his/her application, any further application for housing security for him/her and his/her spouse shall not be accepted.
Article 55 Where the party concerned, in violation of the provisions of these Measures, purposefully conceals, falsifies, and fabricates relevant information, or has already obtained housing security through bribes and other improper means, the district or county housing competent administrative department shall handle it according to the following provisions:
(1) If a party has already obtained indemnificatory housing, the party shall be ordered to return it, or to make up the difference in accordance with the assessed market price, and may be penalized by a fine of 20,000 yuan, and the application of the party and his/her spouse for housing security shall no longer be accepted during their life time.
(2) The party that has rented public rental housing shall be ordered to quit the house of public rental housing, and may be penalized by a fine of 1,000 yuan, and the application of the party and his/her spouse for housing security shall no longer be accepted within five years as from the day of withdrawal from the house of public rental housing.
(3) Where the party has received housing rental subsidies, the issuance of subsidies shall be stopped, the party shall be ordered to return the illegally received housing rental subsidies within a deadline, and may be penalized by a fine of 3,000 yuan, and the application of the party and his/her spouse for housing security shall no longer be accepted within five years as from the day when the decision is made to return the subsidies.
Where the party refuses to execute the handling decision, the district or county housing competent administrative department may apply to the people’s court with authority for coercive enforcement.
Article 56 Where the operating unit of public rental housing and the marketing unit of indemnificatory housing, in violation of the provisions of these Measures, take the liberty to raise the rental and sale price of indemnificatory housing, the Municipal pricing competent administrative department shall handle it in accordance with related provisions on price management.
Where the operating unit of public rental housing and the marketing unit of indemnificatory housing, in violation of the provisions of these Measures, lease and sell indemnificatory housing to people other than the housing security objects, the Municipal land and housing competent administrative department shall order them to take it back within a deadline, and impose a fine of 30,000 yuan for each suite of housing; where the housing cannot be taken back, the marketing unit shall be ordered to make payment of the sale price difference retroactively from the price of the same type of commercial housing in the same area.
Article 57 Those who, in violation of the provisions of these Measures, refuse to declare what should have been declared, or declare untruthfully shall be handled according to the following provisions:
(1) Those who still meet the housing security conditions but whose subsidy standard need be adjusted after ascertainment shall be given a warning, and ordered to return the illegally received housing rental subsidies;
(2) For those who cannot meet the condition of housing rental subsidies after ascertainment, issuance of housing rental subsidies shall be stopped as from the next month of changes of the related situation, and they shall be ordered to return the illegally received housing rental subsidies; and
(3) For the families that fail to make annual declaration according to provisions, issuance of housing rental subsidies shall be stopped as from next month following the full year in which the families are allowed to enjoy the subsidies.
Where the party refuses to execute the handling decision, the district or county housing competent administrative department may apply to the people’s court with authority for coercive enforcement.
Article 58 Where the real estate intermediary service institution, in violation of the provisions of these Measures, illegally releases information on indemnificatory housing or conducts sales and leasing activities of indemnificatory housing by proxy, the district or county housing competent administrative department shall order it to stop the illegal acts and impose a fine of 30,000 yuan thereupon.
Article 59 Functionaries of the housing security work who abuse their powers, neglect their duties, engage in corruption, and commit neglect and dereliction of duty shall be given sanctions according to law; where a crime is constituted, they shall be investigated for criminal liabilities according to law.
Article 60 Relevant units and individuals that issue false testimonial materials for families applying for housing security, or abuse their powers, neglect their duties, seek for private interests and resort to frauds, and commit neglect and dereliction of duty shall be given sanctions according to law; where a crime is constituted, they shall be investigated for criminal liabilities according to law.
Article 61 The district or county housing competent administrative department shall establish record of bad credit for individuals that violate housing security management provisions, and incorporate it into the housing security management information system of this Municipality.
Enterprises that violate housing security management provisions and whose bad conduct has been recorded in the enterprise credit files shall be prohibited to take part in the construction and management of indemnificatory housing.
Chapter VII Supplementary Provisions
Article 62 Low-rent housing and affordable housing already leased before the implementation of these Measures shall be gradually brought into the public rental housing management.
Article 63 These Measures shall come into force as from October 1, 2012.