Measures of Jiangsu Province on the Administration of Public Rental Housing

• Document Number：Decree No. 73 of the People's Government of Jiangsu Province
• Area of Law： Futures
• Level of Authority： Local Government Rules
• Date issued：06-25-2011
• Status： Effective
• Issuing Authority： Jiangsu Province

Decree of the People's Government of Jiangsu Province
(No. 73)
Measures of Jiangsu Province on the Administration of Public Rental Housing, discussed and adopted at 69th Executive Meeting of the Provincial People's Government on June 15, 2011, are hereby promulgated and shall enter into effect as ofSeptember 1, 2011.
Governor: Li Xueyong
June25, 2011
Measures of Jiangsu Province on the Administration of Public Rental Housing
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with relevant state provisions, in light of the specific situation of this Province, and for the purpose of speeding up public rental housing construction, regulating public rental housing management and completing housing security system.
Article 2 These Measures shall be applicable to the planning, construction, rental and management of public rental housing within the administrative region of this Province.
The public rental housing as mentioned in these Measures is low-cost housing invested or supported by the government, restricted for its size and rent, provided to lower-middle-income families with housing difficulty, newly-employed persons and migrant workers to rent.
Lower-middle-income families with housing difficulty as mentioned in these Measures are the families whose family income, housing conditions, etc. comply with the requirements set by the people's government of the city and county within the city and the town where people's government of the county is located.
The newly-employed persons as mentioned in these Measures are employees who graduated from colleges within five years, have a stable job and have household registration in the city where they are employed.
The migrant workers as mentioned in these Measures are employed persons who have a stable job in the city where they are employed but don't have household registration there.
Article 3 The development of public rental housing shall comply with the principle of government leading, participation of society, market operation and adopting measures according to local conditions.
Article 4 Systems such as the application, examination, publicizing, waiting-list security and withdrawal shall be established and implemented for public rental housing so as to make sure the openness, fairness and impartiality of the allocation and management of public rental housing.
Article 5 The provincial administrative department of housing and urban-rural development shall be responsible for the guidance, coordination and supervision of the planning, construction, and management of public rental housing within the whole province.
The competent housing security department of the people's government of a city or county shall be responsible for the management of public rental housing within its administrative region and the detailed work shall be undertaken by the implementing agencies of housing security.
The departments such as development and reform, public security, supervision, civil affairs, finance, land and natural resources, planning, construction, financial management, tax, auditing, pricing and statistics of local people's government at or above the county level shall carry out the supervision and management of public rental housing within their duties and responsibilities.
Article 6 The Provincial People's Government implements target responsibility system on the management of public rental housing and supervise and examine the completion of target of the people's government of a city and county.
Chapter II Favorable and Supporting Policies
Article 7 The administrative fees and the governmental funds concerning the construction of public rental housing shall refer to the favorable policies of economically affordable and low-rent housing. The detailed standards shall be formulated separately by the provincial pricing and finance departments.
Article 8 The construction and operation of public rental housing shall refer to the favorable tax policies according to relevant provisions of the state.
Article 9 The people's government of a city or county shall incorporate the construction land for public rental housing into yearly land supply plan, plan separately, and supply the land for special use.
For the public rental housing invested and constructed by the government, the construction land shall be obtained through administrative allocation; for public rental housing not invested or constructed by the government, the construction land shall be obtained in a paid way such as transferring, leasing or shareholding, and the requirements for size, construction standard, facilities of the constructed public rental housing shall be clarified as foremost conditions of land supply.
Article 10 Public rental housing belongs to who has invested. The rights of investors could be transferred according to law.
Chapter III Planning Construction and Raising of House Resources
Article 11 The people's government of a city and county formulates the development plan and yearly implementation plan of public rental housing within its region.
Article 12 The construction and raising of house resources of public rental housing shall comply with the development plan and yearly implementation plan of public rental housing within its region.
Newly-constructed public rental housing follows the way of concentrated construction or a combination of facility construction. The people's government of the city and county shall construct public rental housing in the project of economically affordable housing, price-limited housing and normal housing according to needs.
Article 13 The people's government of a city and county shall establish a long-term stable security fund raising channel for public rental housing. The security funding for public rental housing invested and constructed by the government mainly include:
(1) security funds for public housing projects allocated by the budget of a fiscal year;
(2) a provision for security funds for low-rent housing made from the appreciation of housing accumulation fund;
(3) security funds for low-rent housing of not less than 10% of net profits of land sales;
(4) security funds for public rental housing from financial aid of a higher level;
(5) housing accumulation fund loans in compliance with the state provisions;
(6) commercial bank loans;
(7) rental income of public rental housing;
(8) funds from social donation; and
(9) other funds conforming to the state provisions.
Article 14 Security funds for public rental housing raised by the government shall be used for special purposes, including construction, reconstruction, purchase and rent of public rental housing.
Article 15 Where it is approved by the people's government of a city and county, the security funds for public rental housing invested by the government which have been raised via housing accumulation fund loans and commercial bank loans may be paid back by security funds for public rental housing collected by finance of the same level from this year on.
Article 16 Rental income of public rental housing invested and constructed by the government shall adopt the management of separation of revenue and expenditure, according to provisions on government non-tax revenue collection management system. Rental income shall be used to pay back the loans of public rental housing invested and constructed by the government and for expenditures such as maintenance, management of public rental housing.
Article 17 Sources of public rental housing mainly include:
(1) housing invested and constructed, reconstructed, purchased and rented by the people's government of a city or county;
(2) housing invested and constructed, reconstructed, purchased and rented by developing zones of all kinds, street offices and towns;
(3) housing invested and constructed, reconstructed, purchased and rented by enterprises and institutions, social groups and other organizations;
(4) withdrawn or empty low-rent housing or economically affordable housing;
(5) empty public housing; and
(6) other housing resources that could be used as public rental housing.
Article 18 Registry of property right of public rental housing shall be handled according to relevant provisions, but household property right certificate shall not be handled.
Article 19 Public rental housing and its land shall not change its usage, be publicly traded, divided and registered, or transfer household.
Article 20 No unit is allowed to allocate houses in any disguised form in the name of renting public rental housing and so on. It is not allowed to construct public rental housing by using rural collective construction land without permission.
Large or medium-sized enterprises which have more migrant workers, public institutions like institutes of higher learning which have more newly-employed staff may use their own land and raise fund by themselves to construct public rental housing or transform the present empty houses into public rental housing on the premise that it complies with the general plan of land use and the usage of the land defined by the urban and rural general plan, and at the approval of the people's government of a city or county.
Chapter IV Application and Approval
Article 21 Families with an income below average who have difficulty in housing in a city shall provide the following materials when applying to rent public rental housing:
(1) an application for the rent of public rental housing;
(2) certifying materials of family income;
(3) certifying materials of family housing conditions;
(4) identification papers of family members and the household registration book; and
(5) other materials required by the people's government of the city or county.
Article 22 Newly-employed people or migrant workers shall provide the following materials when applying to rent public rental housing:
(1) an application for the rent of public rental housing;
(2) identification papers of the applicant and his family members who rent the house together;
(3) residence booklets or other proof of residence;
(4) labor contracts or contracts of employment;
(5) proof of marriage status; and
(6) other materials required by the people's government of the city or county.
Besides the above materials, the newly-employed people shall provide the diploma from graduation colleges.
Article 23 Families with an income below average who have difficulty in housing shall go through the following procedures when applying for the public rental housing invested and constructed by the government:
(1) the householder submits a written application and related materials to the sub-district office where his permanent residence is registered or to the people's government of a county;
(2) the sub-district office or the people's government of a county shall give preliminary views and publicize it within fifteen working days since it receives application materials and the period of the publicity is ten days; after publicity without objection or dissent to be unsubstantiated, the application materials, preliminary views and the publicity will be submitted to the housing security department of the people's government of a city or county;
(3) the housing security department of the people's government of a city or county shall give examination opinions on whether housing situations of the applicant meet the prescribed requirements within ten working days since it receives the materials of preliminary examination from the sub-district office or the people's government of a county, and transfers the application materials which meet the requirements and examination opinions to the civil affairs department of the people's government of the same level or the department designated by the people's government of the same level;
(4) the civil affairs department of the people's government of the city or county or the department designated by the people's government of a city or county shall give examination opinions on whether the family income of the applicant meets the prescribed requirements within ten working days since it receives the application materials and examination opinions from the housing security department, and give examination opinions to the housing security department of the people's government of the same level;
(5) if requirements are met after examination, the housing security department shall make a publicity, and the period of publicity is ten days. After publicity without objection or dissident to be unsubstantiated, the housing security department of the people's government of a city of county shall register, inform the applicant in a written form and publicize the result to the society. If requirements are not met after examination, the competent housing security department shall inform the applicant in a written form and give reasons.
Article 24 Newly-employed people or migrant workers shall go through the following procedures when applying for the public rental housing invested and constructed by the government:
(1) a written application and relevant materials shall be submitted to the employing unit, and reported to the housing security department of local people's government of a city or county after the examination of the employing unit;
(2) the housing security department of people's government of a city or county shall give examination opinion within fifteen working days since it receives application materials;
(3) if the requirements are met after examination, the housing security department of people's government of the city or county shall make publicity and the period of publicity is ten days. After publicity without objection or dissent to be unsubstantiated, the housing security department of people's government of the city or county shall register, publicize the result to the society and inform the working unit in a written form. If the requirements are not met after examination, the housing security department shall inform the employing unit in a written form and give reasons.
Article 25 When families with an income below average who have difficulty in housing in a city, newly-employed people and migrant workers apply for public rental housing which is not rented in the name of the government, they shall submit a written application and relevant materials to the property right owner of pubic rental housing. The property right owner of pubic rental housing shall decide the result by himself and inform the applicant in a written form.
Article 26 One shall not apply to rent public rental housing in any of the following situations:
(1) conducting housing property right transfer in his working place within five years since his application;
(2) obtaining household registration in his working place by purchasing commodity house;
(3) one or his spouse or minor child having private property right housing in his working place;
(4) one or his spouse having rented public-owned housing;
(5) having received funds paid in compensation and relocation;
(6) enjoying housing security policies; or
(7) other situations prescribed by the people's government of the city or county.
Chapter V Rental and Management
Article 27 The people's government of a city or county shall reasonably define the housing difficulty standard and income standard of the lower-middle-income family with housing difficulty in a city according to the level of local economic and social development, dispensable income per capita and housing situation, implement dynamic management, make a regular adjustment and publicize it to the society.
Article 28 The people's government of a city or county shall reasonable define the type of housing according to the housing need of the lower-middle-income family with housing difficulty in the city, newly-employed people and migrant workers and the local housing situation.
The gross area of the housing size for public rental housing and the lowest standard for rental per capita shall meet relevant state and provincial provisions.
Article 29 Public rental housing shall have essential decoration according to the prescribed standard and be equipped with basic living facilities to meet the basic living demand of tenants.
Article 30 Public rental housing shall be allocated nearby and locally.
Article 31 Public rental housing invested and constructed by the government carries out turn-taking security. The housing security department of people's government of the city or county shall decide the result to rent according to the waiting order and rental standard and notify the registered applicant.
Model workers who meet the rental requirements for public rental housing, people with outstanding contribution and special skills and people taking a job in a tough position shall be given a priority to rent. The detailed measures are prescribed by the people's government of a city or county.
Article 32 Property right owners of public rental housing which is not invested and constructed by the government shall report the rental result to the housing security department of people's government of the city or county for record.
The housing security department of people's government of a city or county shall reinforce the guidance, supervision and management on rental situation of public rental housing which is not invested and constructed by the government.
Article 33 Public rental housing invested and constructed by the development zone, sub-district office, county, enterprises and institutions, social groups and other organizations shall give a priority to the newly-employed people and migrant workers in their administrated area or such units to rent. If there is housing left, housing security department of people's government of a city or county may regulate and offer it to those who meet the requirements for public rental housing in this area.
Article 34 A written contract shall be signed for the rental of public rental housing. Model text of leasing contract for public rental housing shall be formulated by the housing administrative department of the provincial government.
Article 35 Registered applicant for public rental housing who do not sign a leasing contract for public rental housing without good reasons or do not handle residence procedures in a time limit are considered as abstaining and shall not apply for public rental housing in two years.
Article 36 When newly-employed people and migrant workers apply to rent the public rental housing invested and constructed by the government, the newly-employed people and migrant workers considered to be tenants shall sign a leasing contract for public rental housing along with the employing unit which is regarded as guarantor and the housing security department of people's government of a city or county.
When the lower-middle-income family with housing difficulty in a city applies to rent the public rental housing invested and constructed by the government, the household considered to be the tenant shall sign a leasing contract for public rental housing with the housing security department of people's government of a city or county.
Article 37 The rent of public rental housing invested and constructed by the government shall be set by the government. The pricing department of people's government of a city or county shall stipulate the rent with housing security department. The standard for the rent shall be controlled within 70% of the rent of the same place in the market and adjusted dynamically and publicized every year.
Public rental housing which is not invested and constructed by the government shall have a government-guided price and adjusted and publicized regularly by the pricing department of the people's government of a city or county.
Article 38 The rental period of public rental housing at the first time is three to five years. When the first lease expires, the tenant who still meets the security requirements could apply to renew the lease. A new written contract must be signed for the renewal. Lease for newly-employed people shall be no more than five years and the rent standard for renewal is the rent in the market.
Article 39 Tenants shall not lend, rent or leave public rental housing unused or use public rental housing for business activities.
Where the housing and living facilities are damaged or lost because of his negligence in storage, the tenant shall bear liability for compensation according to law.
Article 40 Where lower-middle-income families with housing difficulty during rental period, no long meet the standard for housing difficulty or income publicized by the people's government of a city or county, they shall withdraw public rental housing according to provisions in time.
Where the newly-employed people and migrant workers have bought houses, rent other houses or are not employed at the place where the rented public rental housing is located during rental period, they shall withdraw public rental housing according to provisions in time.
Article 41 The tenant shall withdraw public rental housing under any one of the following circumstances:
(1) after the expiry of lease, the tenant does not renew the lease;
(2) the tenant change the usage of public rental housing without permission;
(3) the tenant does not live in the rented public housing more than three months in succession without good reasons; or
(4) the tenant does not pay for the rent for public rental housing for more than three months in all without good reasons.
Chapter VI Legal Liability
Article 42 For the act in violation of these Measures, where it is provided for in laws and regulations, the provisions there shall prevail.
Article 43 Where the applicant for public rental housing obtains the qualification for the application for public rental housing through deception or other improper means, housing security department of people's government of a city or county shall disqualify his application. Where he has rented public rental housing, housing security department of people's government of a city or county shall order him to withdraw it and collect the rent during the rental period according to the rent standard in the market. The applicant for public rental housing with the above behaviors shall be recorded in the personal credit record according to law and shall not reapply for the housing security within five years since the disqualification or the day when he is ordered to withdraw it.
Where the employing unit issues false proof materials, housing security department of people's government of a city or county shall give it a fine of not less than 500 yuan but not more than 1000 yuan and record it in the enterprise credibility record according to law.
Article 44 In violation of the provisions in Article 20 of these Measures, where public rental housing is allocated in the name of renting public rental housing and so on, housing security department of people's government of a city or county shall order it to correct within a time limit and the persons who are directly in charge and the other persons who are directly responsible shall be given sanctions in accordance with law. Where a crime is involved, the matter shall be transferred to judicial authorities for investigation.
Article 45 Where the tenant is in a situation prescribed in Article 40 or Article 41 of these Measures, and does not voluntarily leave or withdraw the public rental housing, housing security department of people's government of a city or county shall order it to leave or withdraw. If he does not leave or withdraw over a time limit, housing security department of people's government of a city or county shall apply to the people's court for compulsory enforcement in accordance with law.
Article 46 In case staff members in housing security department and relevant department of people's government of a city or county, or implementing agencies of housing security department of people's government of the city or county abuse their power, engage in mal-practices for personal gains or neglect their duties in their work of public rental housing security, they shall be given administrative sanctions by the office in charge of appointment and removal or supervisory organs. Where a crime is involved, the matter shall be transferred to judicial authorities for investigation.
Chapter VII Supplementary Provisions
Article 47 The people's government of a city or county may formulate specific implementation rules.
Article 48 These Measures shall enter into effect as of September 1, 2011.