(Adopted at the Thirty-Fifth Meeting of the Standing Committee of the Fourth Shenzhen Municipal People’s Congress on January 19, 2010 and approved at the Eighteenth Meeting of the Standing Committee of the Eleventh Guangdong Provincial People’s Congress on March 31, 2010)
Chapter I General Provisions
Article 1 In order to consummate the system of housing security, improve the habitation conditions of the groups who experience difficulties in dwelling, promote the social harmony and sound, stable economic development, and increase the competitiveness of the city, these regulations are hereby formulated in accordance with the actual conditions of this city.
Article 2 The principle of governments’ leading role, social participation, appropriate security according to social strata, and gradual improvement shall be followed in housing security.
Article 3 Housing security shall adopt the forms of renting, selling indemnificatory housing and providing monetary subsidies, etc.
The indemnificatory housing referred to in these regulations shall mean the housing constructed with government investment or funds raised through other channels, rented or sold at prescribed limited rates and prices to the qualified families or single residents experiencing difficulties in dwelling, including the diverse forms of housing such as low-rent housing, public-rental housing, economical housing, etc.
Article 4 Housing security shall take the families and single residents having their registered permanent residence in this city and experiencing difficulties in dwelling as its basic objects of security, and provide security by means of renting, selling of indemnificatory housing or providing monetary subsidies. For those families having their registered permanent residence in this city and experiencing difficulties in dwelling that fall into the category of the objects of social assistance, security shall be provided by renting low-rent housing or providing monetary subsidies.
As for various kinds of professionals this city need in its economic and social development and the inhabitants having no registered permanent residence in this city but paid social insurance premiums here for certain years, the municipal government may set reasonable requirements according to the economic and social development and the financial capacity and gradually bring them into the coverage of housing security. The municipal government shall formulate specific measures separately.
Article 5 The municipal government shall actively adopt measures, innovate in institutions, strengthen the construction and supply of indemnificatory housing, and raise the rate of housing security.
The housing committee of the municipal government (hereinafter referred to as the municipal housing committee) shall be responsible for the deliberation, coordination, direction, and policy-making in the major matters of housing security of this city.
The municipal department of housing and construction (hereinafter referred to as the municipal responsible department) shall be responsible for the organization and implementation, supervision and administration of housing security in this city, and may entrust related institutional organizations with specific implementation according to law.
The related departments of development and reform, human habitation environment, finance, planning and land, public security, supervision, civil administration, human resources and social security, market regulation, taxation, statistics, etc., related financial institutions, and institutions of financial supervision and administration shall be responsible for the related work of housing security within the limits of their respective duties.
The departments of various district governments in charge of housing security (hereinafter referred to as the district responsible departments), related departments, and subdistrict offices shall do their part in their jurisdictions’ housing security within the limits of their respective duties.
Chapter II Programs and Plans
Article 6 The municipal responsible department shall jointly with various district governments, municipal departments of development and reform, human habitation environment, finance, planning and land, civil administration, human resources and social security, and the departments in charge of related industries draft the plan for housing security, unfold and implementation the plan after approval according to the rules.
The plan for housing security shall include the items such as the goals and overall requirements of housing security, preparation and supply of indemnificatory housing, land and fund arrangements, and the implementation measures and working mechanism of the plan, etc.
Article 7 The land reserve system of housing security shall be established. When making the overall plan for land use, overall urban plan, plan for housing construction, statutory plan and annual plan for land use, annual plan for the implementation of the immediate-term construction program, the related departments shall give priority to listing independently the quota of the land to be used for the projects of indemnificatory housing in certain proportions, make clear the specific lots of land and spatial distribution, and solicit opinions from the municipal responsible department.
The function of the land use of the land listed in the land reserve of housing security shall not be changed without statutory process.
Article 8 The municipal responsible department shall jointly with various district governments, municipal departments of development and reform, human habitation environment, finance, planning and land, civil administration, human resources and social security, and the departments in charge of related industries draft the annual plan for housing security according to the plan for housing security, unfold and implement the annual plan after approval according to the rules.
The annual plan for housing security shall make clear the items such as the land supply and fund arrangements for indemnificatory housing, the sources of indemnificatory housing, the quantity and regional distribution of provided indemnificatory housing, the total of monetary subsidies, the objects covered by security, etc. within the planned year, and the main points of the plan shall be brought into this city’s plan for national economic and social development.
Article 9 When drafting the programs, plans related to indemnificatory housing, the related departments shall give comprehensive considerations to the factors such as transportation, supporting facilities for living, etc., and adopt the form of concentrating solely on the construction of indemnificatory housing or combining such construction with the construction of commercial housing as a matching project in certain proportions to make reasonable distribution.
When combining the construction of indemnificatory housing with the construction of commercial housing as a matching project, the department of planning and land shall jointly with the municipal responsible department make sure of the property ownership, target buyers, sales approach, management mode, etc. of indemnificatory housing in the land transfer contracts.
Article 10 In the process of urban renewal and transformation, the municipal government shall, in accordance with the specific conditions of the projects of renewal and transformation, stipulate that indemnificatory housing shall be constructed as a matching project in certain proportions. The municipal government shall formulate specific measures separately.
Chapter III Sources of Funds and Housing
Article 11 The sources of the housing security funds shall include:
(1) the funds arranged by the financial budgets of the municipal, district governments;
(2) the funds allocated from the net proceeds of land sales in the proportion of no less than 10% every year;
(3) the proceeds of the sale or rental of indemnificatory housing and supporting facilities by the government;
(4) the contributions made by the public;
(5) the funds raised according to law from the municipal provident housing fund and through other channels.
The housing security funds shall be managed uniformly through the special
financial account, and earmarked for the purposes of the development and construction, preparation, management of indemnificatory housing and for providing monetary subsidies, etc.
Article 12 The sources of indemnificatory housing shall include:
(1) the housing constructed with governments’ investment;
(2) the housing bought, rented by governments;
(3) the housing retrieved, requisitioned, confiscated by governments;
(4) the housing constructed by enterprises or other organizations according to the agreements with governments;
(5) the housing constructed as a matching project;
(6) the housing contributed by the public;
(7) the housing prepared through other channels.
The housing having serious quality problems and major hidden danger to
safety shall not be used as indemnificatory housing.
Article 13 In the case of the indemnificatory housing constructed with governments’ investment, the department of development and reform shall uniformly set up a project according to the approved annual plan for housing security and the related rules on the management of government-invested projects, the department of planning shall select a site on schedule, the municipal, district responsible departments shall make organizational arrangements for the construction institutions of government-invested projects to undertake the construction or invite bids for the legal person of the project to undertake the construction.
The indemnificatory housing constructed with governments’ investment or bought by governments, and the housing retrieved, requisitioned, confiscated by governments and used as indemnificatory housing shall be owned by the governments, and managed and allotted by the municipal responsible department in a uniform way.
Article 14 The municipal responsible department shall, according to the actual demands for housing security, reasonably determine the unit type structure and floorage of indemnificatory housing.
The municipal responsible department shall jointly with the department of planning and land formulate the related technical specifications of indemnificatory housing such as floorage, household type, layout, indoor and outdoor supporting facilities, fitting up, etc. according to the related standards and technical codes of the state.
Article 15 The construction of indemnificatory housing shall satisfy the requirements of the cyclic economy, meet the standards of safety, environmental protection, and energy saving, and comply with the technical codes of survey, design, and construction.
The departments of the municipal, district governments in charge of construction shall conduct the supervision and administration of the activities of engineering construction of indemnificatory housing such as engineering quality, safety, and cost, etc. according to law, construction units shall bear the liability according to law for the quality of the projects of indemnificatory housing constructed by them.
Article 16 Before any newly constructed indemnificatory housing is handed over for use, construction units shall complete interior fitting up according to the principle of environmental protection, energy saving, economic affordability, and suitability for use; before the indemnificatory housing prepared through other channels is rented out or sold, the responsible departments shall inspect the housing conditions, and make repairs if it is necessary.
The indemnificatory housing that has been fitted up or repaired shall satisfy the basic requirements for habitation.
Chapter IV Price Setting
Article 17 The municipal department of development and reform shall jointly with the municipal responsible department set the rent rate and selling price of indemnificatory housing, release and implement them after they have been examined and approved by the municipal housing committee, and then reported to and approved by the municipal government.
The municipal department of development and reform shall jointly with the municipal responsible department make timely adjustments in the rent rate and selling price of indemnificatory housing according to the social and economic development, price fluctuation, and housing security level of this city, release and implement these adjustments after they have been examined and approved by the municipal housing committee, and then reported to and approved by the municipal government.
Article 18 The rent rate of indemnificatory housing shall be appropriate to the financial capacity of the groups experiencing difficulties in dwelling and set lower than the market-guiding rent rate of the ordinary commercial housing of the same type in the same area during the same period after giving proper considerations to the factors such as construction cost, public supporting facilities, housing depreciation, etc. The rent rate of indemnificatory housing shall be decided according to the different levels of the income of the groups of different strata experiencing difficulties in dwelling.
The selling price of indemnificatory housing within the floor area to be sold under allocation prescribed by this municipality shall be set by giving comprehensive considerations to the average social construction cost, location, expected profit, and the financial capacity of the groups experiencing difficulties in dwelling, etc. The selling price of indemnificatory housing shall be lower than the average market price of the ordinary commercial housing of the same type in the same area during the same period, and a reasonable price difference shall be kept in place.
Article 19 Considerations shall be also given to the factors such as storey, orientation, etc. in setting the specific rent and selling price of indemnificatory housing.
The municipal responsible department shall jointly with the municipal department of development and reform formulate the correction factors such as storey, orientation, etc., report them to the municipal housing committee, release and implement them after approval.
If the actual floor area of indemnificatory housing exceeds the floor area to be sold under allocation prescribed by this municipality, the selling price of the excess shall be set by reference to the market price level of the ordinary commercial housing of the same type in the same area during the same period.
Chapter V Application Requirements
Article 20 Each family or single resident experiencing difficulties in dwelling may apply for buying or renting only one unit of indemnificatory housing or apply for monetary subsidies as an alternative.
Married residents shall apply for housing security in the name of their family as a whole.
Article 21 If the families or single residents experiencing difficulties in dwelling apply for renting indemnificatory housing, they shall satisfy the following requirements:
(1) in the case of the application filed by a family, at least one of the family members should have the registered permanent residence in this city; in the case of the application filed by a single resident, the resident should have the registered permanent residence in this city;
(2) the average annual income per capita of a family or the annual income of a single resident did not exceed the standard of income level for renting indemnificatory housing stipulated by this municipality in the last 2 consecutive years before the date of accepting the application;
(3) the total value of the property of a family or a single resident does not exceed the property limit for renting indemnificatory housing stipulated by this municipality;
(4) the members of a family or a single resident do not have any form of the land for housing construction or self-owned housing in this city and the other regions of this country;
(5) the members of a family or a single resident do not enjoy housing security in this city and the other regions of this country when an application is filed;
(6) the other requirements stipulated by the municipal government.
In addition to satisfying the requirements in Items (1), (3), (4), (5), (6) of the
previous section, the effective certificate documents issued by the department of civil administration shall be presented in applying for low-rent housing.
The self-owned housing referred to in these regulations shall mean the
housing which is legitimately registered and also the housing which is not registered but owned by a family member or a single resident in the name of the owner or co-owner.
The members of a family referred to in these regulations shall mean the persons who have the statutory relationship of providing for the elderly, raising minors, or supporting the other members’ living, and live together in a family.
Article 22 If the families or single residents experiencing difficulties in dwelling apply for buying indemnificatory housing, they shall satisfy the following requirements:
(1) in the case of the application filed by a family, all the family members should have the registered permanent residence in this city, if the registered permanent residence of the family members have been moved out of this city because of going to school, performing military service, these members should be still seen as the persons having the registered permanent residence in this city; in the case of the application filed by a single resident, the resident should have the registered permanent residence in this city;
(2) the average annual income per capita of a family or the annual income of a single resident did not exceed the standard of income level for purchasing indemnificatory housing stipulated by this municipality in the last 2 consecutive years before the date of accepting the application;
(3) the total value of the property of a family or a single resident does not exceed the property limit for purchasing indemnificatory housing stipulated by this municipality;
(4) the members of a family or a single resident do not have any form of the land for housing construction or self-owned housing in this city and the other regions of this country ;
(5) the members of a family or a single resident did not assign any land for housing construction or self-owned housing in this city and the other regions of this country in the last 3 years before the date of accepting the application;
(6) the members of a family or a single resident have not bought indemnificatory housing or other housing benefiting from preferential policies in this city and the other regions of this country except the children of the family who have applied for buying indemnificatory housing after they formed their own families or reached the stipulated age;
(7) the other requirements stipulated by the municipal government.
In the case of the application for purchasing indemnificatory housing filed by
a single resident, the requirement for age and the standard for floor area shall be formulated by the municipal government separately.
Article 23 The families or single residents experiencing difficulties in dwelling who have not rented indemnificatory housing and meet the requirements of Article 21 of these regulations may apply for monetary subsidies.
If the floor area of self-owned housing of the families or single residents who meet all the requirements of the first section of Article 22 of these regulations except Item (4) is lower than the standard of the floor area of housing security stipulated by this municipality, these families or single residents may apply for monetary subsidies.
The monetary subsidies shall be paid monthly, and the sum of the subsidies shall be calculated according to the number of persons of the registered household.
Article 24 If the families or single residents experiencing difficulties in dwelling who rent indemnificatory housing indeed have difficulty to pay their rent due to financial straits, they may apply for the postponement, reduction, or exemption of rent.
The municipal government shall formulate specific measures on the application for rent postponement, reduction, or exemption separately.
Article 25 The municipal responsible department shall jointly with the related departments of human habitation environment, finance, human resources and social security, statistics, etc. set the standard of income level, the property limit, the standard of the floor area of housing security, the standard of monetary subsidies referred to in this chapter according to the residents’ income level, families’ property conditions, housing conditions and government financial capacity, housing market’s development, etc., report them to the municipal government, release and implement them after approval.
The composition of income and property in the application requirements of this chapter shall be determined according to the related rules of the state.
Chapter VI Access
Article 26 The system of application, examination and approval, solicitation for public opinions, waiting in order shall be put into practice to carry out housing security.
Article 27 The families or single residents applying for housing security shall submit applications in writing according the rules and present related materials.
When a family files an application, one adult member of the family shall be selected as the applicant, the other members shall be co-applicants; when a single resident files an application, the single resident shall be the applicant.
Article 28 The application for housing security shall clearly state the following items:
(1) the applicant, co-applicants;
(2) the form of housing security;
(3) the location of indemnificatory housing;
(4) the other items that need to be explained.
Article 29 The applicant shall report the following items truthfully, and
provide corresponding written certificate materials:
(1) the family members and their registered permanent residence;
(2) the income;
(3) the housing and other property conditions;
(4) the other items that need to be reported.
Article 30 The forms of the acceptance of applications for housing security
shall include the day-to-day acceptance, the acceptance within a scheduled period of time.
The municipal responsible department shall announce in a public notice the specific items and forms required for the applications for housing security and the materials to be reported.
If the municipal responsible department decides to accept applications within a scheduled period of time, it shall issue a public notice on the acceptance at least 30 days in advance, and the scheduled period of time for the acceptance shall not be less than 15 days each time.
Article 31 The district responsible departments or subdistrict offices of the places where applicants have their registered permanent residence or live for most of their time shall accept the applications for housing security.
If the applications for housing security and reported materials are complete and their forms meet the requirements, they shall be accepted. If the applications and reported materials are not complete and their forms do not meet the requirements, the applicants shall be notified for one time only of all the items that need to be added or corrected, if the applicants submit all the added or corrected items within the prescribed time limit, their applications shall be accepted.
Article 32 After accepting applications, the subdistrict offices shall submit the accepted materials to the district responsible departments to be examined.
The district responsible departments shall jointly with the district departments of civil administration, social security, industrial and commercial administration, public security, taxation, etc. and subdistrict offices examine the applications filed by applicants, reported materials, and the registered permanent residence, income, property, housing conditions, etc. within 30 business days from the date of accepting the applications.
The examination may be conducted by means of finding evidence in files, neighborhood visit, indoor household investigation, etc. The applicants and related units, organizations, individuals shall actively cooperate and provide the related information truthfully.
Article 33 If it is proved in the examination that applications are qualified, the district responsible departments shall put these applications in the procedure of solicitation for public opinions, the period of solicitation for public opinions shall not be less than 15 days. During the period of solicitation for public opinions, any objections to the items put in the procedure of solicitation for public opinions shall be raised in writing. The district responsible departments shall verify the objections and make public the results of verification.
If the cooperation in the examination is refused, applications prove to be unqualified in the examination, or objections raised in the procedure of solicitation for public opinions are verified, the district responsible departments shall turn down the applications and give reasons in writing.
If applicants have objections to the decision of the district responsible departments to turn down their applications, they may apply to the municipal responsible departments for review.
Article 34 The district responsible departments shall submit the applications for housing security proving qualified in the examination and related reported materials to the municipal responsible department, and the municipal responsible department shall jointly with related departments conduct the examination.
The related departments of public security, planning and land, civil administration, human resources and social security, market regulation, taxation, etc., related financial institutions and institutions of financial supervision and administration shall give assistance.
Article 35 If it is proved in the examination that applications meet the requirements, the municipal responsible department shall put these applications in the procedure of solicitation for public opinions, the period of solicitation for public opinions shall not be less than 15 days. During the period of solicitation for public opinions, any objections to the items put in the procedure of solicitation for public opinions shall be raised in writing. The municipal responsible department shall verify these objections and make public the results of verification.
If it is proved that applications do not meet the requirements, or the objections that are raised in the procedure of solicitation for pubic opinions are verified, the municipal responsible department shall turn down the applications and give reasons in writing.
Article 36 The municipal responsible department shall make a waiting list for housing security, and put in the waiting list according to the rules on waiting in order those applicants who do not face objections in the procedure of solicitation for public opinions or face objections that prove unfounded in the verification. The information of waiting in order shall be made public.
The disabled who have difficulty getting about shall enjoy the right to take precedence in selecting the housing with easy access and exit.
The municipal responsible department shall formulate the rules on waiting in order, report them to the municipal government and implement them after approval.
Article 37 During the period of waiting in order, applicants shall report the changes of the family members and their registered permanent residence, income, property, housing conditions, etc. on their own initiative and on time.
When waiting in order extends beyond a certain time limit, applicants shall report once again the items stipulated by Article 29, and the responsible departments shall conduct the examination according to the provisions of these regulations.
If the stipulated requirements are no longer met due to the change of the related matters, the municipal responsible department shall cancel the qualification of the applicants for waiting in order.
The certain time limit referred to in the second section of this article shall be set in the rules on waiting in order.
Article 38 When their turn comes, the applicants in the waiting list may select specific housing or monetary subdidies on their own within the housing and monetary subsidies provided by the responsible departments. If the applicants in the waiting list have given up their right when their turn comes, they shall start their waiting in order once again according to the rules, the applicants following them shall fill their vacancies in order.
Article 39 Applicants shall sign the contracts of the rental, purchase of indemnificatory housing or monetary subsidy agreements with the responsible departments within the scheduled period of time.
Applicants, co-applicants shall sign the contracts of the rental, purchase of indemnificatory housing; applicants and co-applicants who have the registered permanent residence in this city shall sign the monetary subsidy agreements.
If applicant, co-applicants fail to sign or clearly express their willingness to refuse to sign the contracts or agreements, it shall be taken as giving up their right to get housing security in that year. If they apply again, they shall be put at the bottom of the waiting list again.
Article 40 The families or single residents enjoying housing security may apply for changing the form of their housing security if it is proved in the examination conducted by the municipal responsible department that they meet the requirements.
The housing security originally enjoyed by the families or single residents who apply for changing the form of their housing security shall be terminated from the date when the changed contracts or agreements take effect.
Chapter VII Exit
Article 41 The purchased indemnificatory housing shall not be assigned, rented, mortgaged before obtaining the full title to the housing except the pledge on which a mortgage has been raised from a bank to purchase the housing.
The families or single residents who purchased indemnificatory housing and have obtained the full title to the housing after the stipulated number of years expired shall pay the return of land and the return of housing appreciation, etc. in accordance with the rates set by the municipal government.
Article 42 If one of the following cases applies to the families or single residents having purchased indemnificatory housing before they obtain the full title to their housing, the municipal responsible department shall retrieve their purchased housing at the price set on the basis of the original selling price and by giving comprehensive considerations to the housing depreciation and the level of commodity prices, etc.:
(1) to have bought and owned another housing;
(2) the registered permanent residence of all the family members are moved out of this city;
(3) the housing has to be disposed of due to the mortgage foreclosure implemented by banks;
(4) the purchased indemnificatory housing needs to be assigned to someone else.
Article 43 If the terms of contracts of the rental of indemnificatory housing
or monetary subsidy agreements expire and the renewal is needed, the applicants shall re-file applications and report related materials 3 months before the terms expire, and the responsible departments shall conduct the examination and solicitation for public opinions.
If the applications successfully pass the examination and face no objection in the procedure of solicitation for public opinions or objections are proved unfounded by the verification, the applicants may re-sign corresponding contracts or agreements.
If the applicants fail to report materials according the rules or it is proved in the examination that their reported materials no longer meet the requirements, the responsible departments shall retrieve their indemnificatory housing or stop paying monetary subsidies on the date when the original contracts or agreements expire.
Article 44 If families and single residents need to terminate the rental of indemnificatory housing or stop receiving monetary subsidies, they shall inform the municipal responsible department in writing, the responsible department shall retrieve housing or stop paying monetary subsidies, and perform the related formalities.
Article 45 If one of the following cases applies to the families or single residents who rent indemnificatory housing or have not obtained the full title of their indemnificatory housing, the responsible department shall ask them to pay the penalty for breach of contracts according to the terms of contracts, and may, according to the terms or statutory circumstances, cancel the contracts, take back rented housing, or retrieve housing upon consideration at the price set on the basis of the original selling price and by giving comprehensive considerations to the housing depreciation and the level of commodity prices, etc.:
(1) to have no justifiable reason for not living in the indemnificatory housing for more than 6 consecutive months;
(2) to have no justifiable reason for having failed to pay the rent for 2 consecutive months or more than 6 accumulative months;
(3) to sublease the indemnificatory housing without authorization;
(4) to exchange, lend the indemnificatory housing without authorization;
(5) to assign, mortgage, lease the indemnificatory housing without authorization;
(6) to use the indemnificatory housing for commercial purposes;
(7) to change the functions of the use of indemnificatory housing without authorization;
(8) to do serious damage to the rented indemnificatory housing intentionally or due to major negligence;
(9) the other cases of breaking the law or contracts.
If one of Items (4), (5), (6), (7) of the pervious section applies to these
families or single residents, the related responsible departments shall not accept their applications for obtaining the full title of the indemnificatory housing.
Article 46 If the indemnificatory housing is retrieved by the responsible department or retrieved upon consideration at the price set on the basis of the original selling price and by giving comprehensive considerations to the housing depreciation and the level of commodity prices, the families or single residents who originally rented or purchased the indemnificatory housing shall move out within 30 days from the date of receiving the notice of cancellation or termination of contracts, and perform the related formalities.
If there is a justifiable reason for not being able to move out on time, an application may be filed to the responsible department for the extension of the time limit for dwelling, but the extended time limit shall not exceed 60 days. Within the extended time limit, the corresponding rent shall be paid according to the rental market guiding prices of the ordinary commercial housing of the same type in the same area during same period released by the related department of the government.
If there is no justifiable reason for not moving out on time, the responsible department shall order moving out and collect the rent for the period of time overdue according to the rental market guiding prices of the ordinary commercial housing of the same type in the same area during the same period; if the implementation of the order is rejected, the responsible department may apply to the people’s court for the enforcement of moving out.
Chapter VIII Supervision and Administration
Article 47 The municipal responsible department shall establish and improve the housing security information system, and promptly release to the public the information of planning, construction, supply, application, waiting in order, sale, rental, exit of the indemnificatory housing of this city and other related information.
Article 48 The municipal responsible department shall establish the files of the families, single residents applying for and enjoying the housing security to record the information such as the application, examination, waiting in order, allocation, and bad behaviors, etc.
The acts taken by the families, single residents applying for and enjoying the housing security to break the law, violate the rules, and seriously breach contracts in the related activities of housing security shall be recorded as bad behaviors and made public.
Article 49 The responsible departments shall conduct the supervision and inspection of the use of indemnificatory housing, and investigate and punish the acts of violation of these regulations.
When the supervision and inspection of the use of indemnificatory housing is underway, the objects of housing security shall actively cooperate, and property service enterprises shall provide assistance.
Article 50 The municipal government shall report the previous year’s implementation of the plan for housing security to the standing committee of the municipal people’s congress every year.
Chapter IX Legal Liabilities
Article 51 If the families or single residents applying for housing security practice fraud by means of concealing or falsely reporting the number of people in a family, registered permanent residence, income, property, and housing conditions, etc., the responsible departments shall turn down their applications or cancel their qualification for waiting in order, impose a fine of 5,000 RMB, and no longer accept their applications for housing security in 3 years from the date of turning down their applications or cancelling their qualification for waiting in order.
Article 52 In the case of obtaining indemnificatory housing or monetary subsidies by dishonest means of practicing fraud, bribing, etc., the responsible departments shall cancel the contracts of rental, purchase of indemnificatory housing or monetary subsidy agreements, take back the indemnificatory housing or monetary subsidies, and impose punishments according to the following situations respectively:
(1) in the case of renting indemnificatory housing, to collect the rent as a makeup according to the rental market guiding prices of the ordinary commercial housing of the same type in the same area during the same period released by the related department of the government, and to impose a fine as much as two times of the rent collected as a makeup;
(2) in the case of purchasing indemnificatory housing, to return the original payment for purchasing the housing, to collect the rent of the period from the date of purchasing to the date of moving out according to the rental market guiding prices of the ordinary commercial housing of the same type in the same area during the same period released by the related department of the government, and to impose a fine as much as three times of the collected rent;
(3) in the case of receiving monetary subsidies, to impose a fine of two times of the specified amount of monetary subsidies.
For those whose monetary subsidies are cancelled according to the
stipulations of the previous section, the responsible departments shall not accept their applications for housing security within 5 years from the date of cancelling the agreements; for those whose indemnificatory housing is taken back, their applications for housing security shall not be accepted within 5 years from the date of moving out.
Article 53 If the families or single residents renting or purchasing indemnificatory housing violate Items (3), (4), (5), (6), (7), (8) of Article 45 of these regulations, the responsible departments shall order corrections, confiscate illegal earnings, and may impose a fine of 20,000 RMB.
If the contracts of the families or single residents renting or purchasing indemnificatory housing are cancelled because of the stipulations in Items of (2), (3), (4), (5), (6), (7), (8) of Article 45 of these regulations, the responsible departments shall not accept their applications for indemnificatory housing within 3 years from the date when the objects of security move out.
Article 54 If the related units and individuals issue false certificate materials to the applicants, co-applicants for indemnificatory housing, the responsible departments shall make it public, impose a fine of 3,000 RMB on the directly responsible person; disciplinary action shall be taken according to law against those who are the personnel of state agencies.
Article 55 If the responsible departments or other related departments and their personnel, in violation of these regulations, fail to execute duties, the administrative responsibility of the person in charge and other directly responsible persons shall be ascertained according to the related laws, regulations; if a crime is constituted, the criminal responsibility shall be ascertained according to law.
Chapter X Supplementary Provisions
Article 56 The terms used in these regulations shall mean as follows:
(1) the low-rent housing means the indemnificatory housing provided by the government at the low-rent rate for the objects of social assistance who have the registered permanent residence in this city, experience difficulties in dwelling, and meet the requirements;
(2) the public rental housing means the indemnificatory housing that benefits from the preferential policies of the government, has a prescribed limit to the unit type, floor area, and rent rate, is prepared according to the reasonable standards and rented to the families or single residents who experience difficulties in dwelling and have middle and low income;
(3) the economic housing means the indemnificatory housing that benefits from the preferential policies of the government, has a prescribed limit to the unit type, floor area, and selling price, is constructed according to the reasonable standards and sold under allocation to the families or single residents who experience difficulties in dwelling and have middle and low income.
Article 57 The standards for the difficulties in dwelling shall be worked out
by the municipal government separately.
Article 58 If these regulations stipulate that the municipal government or the municipal responsible department shall formulate specific measures, rules on waiting in order, and related standards, the municipal government or the municipal responsible departments shall work them out within 1 year from the date when these regulations take effect.
Article 60 These regulations shall take effect as of July 1, 2010.
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