Chapter Ⅰ General Provisions
Article 1 In order to implement the decisions and deployments of the Central Committee of the Communist Party of China and the State Council on accelerating the establishment of a housing system with multi subject supply, multi-channel guarantee, and simultaneous rental and purchase, improve the housing security system of Shenzhen, standardize the rental administration of public rental housing, these Measures are hereby formulated in accordance with relevant laws and regulations and in light of actual circumstances of Shenzhen.
Article 2 These Measures shall be applicable to the supply, distribution, use, supervision, administration of public rental housing in Shenzhen.
Article 3 The public rental housing mentioned in these Measures refers to the housing rented to eligible residents with household registration who have housing difficulties and front-line employees who provide basic public services to the society and that the government shall provide preferential policies, limit construction standards and rental levels.
Article 4 The administration of public rental housing shall follow the principles of government leadership, territorial responsibility, openness, transparency, honesty and credibility.
Article 5 The municipal housing authority (hereinafter referred to as the municipal authority) is the administrative department in charge of the administration of public rental housing in Shenzhen, responsible for formulating relevant policies and formulating the municipal public rental housing supply plan; coordinating the allocation of public rental housing resources; guiding and supervising the supply and distribution of public rental housing in districts.
The municipal development and reform department shall be responsible for setting the income and property limits for applying families and single residents.
The municipal civil affairs department shall be responsible for verifying and certifying the income and property status of the applying family and single residents.
The municipal departments of public security, finance, human resources security, planning and natural resources, market regulation and other departments shall, within their respective responsibilities, carry out leasing administration related work for public rental housing.
Article 6 The district people's government (including the new district administration agency, the same below) shall be responsible for organizing and implementing the administration of public rental housing in the district.
The district housing authority (hereinafter referred to as the district authority) shall be responsible for the supply and distribution, supervision and administration of public rental housing in the district, and may entrust the district housing security implementation agency to carry out administrative law enforcement and other administrative work.
The relevant district departments shall carry out relevant work according to the respective responsibilities.
Article 7 The municipal authority shall establish a unified housing information platform (hereinafter referred to as the information platform). The rental administration activities of public rental housing shall be included in the administration of the information platform.
Departments of public security, civil affairs, human resources security, planning and natural resources, veteran, market regulation and other departments shall cooperate to realize the interconnection and information sharing between the information platform and informatization platforms such as household registration, marriage, residents' income and property status check, education background, technical skill level, social insurance, real estate registration, veteran, credit investigation and so on.
Chapter ⅡWaiting and Rental Allocation
Article 8 The district authority shall formulate the annual supply plan for public rental housing in the district based on the annual implementation plan for housing development of Shenzhen, combined with the availability and demand of public rental housing in the district, and submit it to the municipal authority for record after approval by the district people's government.
The district authority in the district with sufficient housing resources shall be encouraged to allocate rent to the listed waiting person outside the district.
Article 9 Public rental housing shall be allocated through daily waiting and targeted allocation.
Article 10 The applicant who has formed a family shall submit a waiting application on a family basis. The applicant's spouse and children under the age of 18 shall be listed as joint applicants. Parents of the applicant, parents of the applicant's spouse, and children over the age of 18 may be listed as joint applicants. If children under the age of 18 are listed as joint applicants, it does not affect their enjoyment of housing security preferential policies after reaching the prescribed age.
The applicant who is a single resident over 18 years old may submit a waiting application in their personal name. Parents of the applicant may be listed as joint applicants.
A resident who obtained the registered residence of Shenzhen as his or her children’s department shall not be an applicant.
Article 11 Applicants for waiting public rental housing shall meet all the following conditions:
(1) Both the applicant and the joint applicant have not owned self-owned housing (including housing construction land, similarly hereinafter) in Shenzhen, and have not transferred or divided due to divorce the self-owned housing in Shenzhen within three years before the application acceptance date.
(2) The applicant is over 18 years old and has household registration in Shenzhen; Children who is over 18 years old, parents of the applicant and the applicant's spouse, as joint applicants, shall have household registration in Shenzhen, but active servicemen or children who are over 18 years old and have moved their household registration out of Shenzhen during their study in full-time schools shall not be restricted by household registration;
(3) The applicant shall pay social insurance (pension insurance or medical insurance, excluding children's medical insurance, similarly hereinafter) in accordance with regulations in Shenzhen, except for those who retire in Shenzhen. The applicant who have accumulated social insurance contributions in Shenzhen for more than three years and belong to special families or families with more than three children (at least one child under the age of 18, similarly hereinafter) are not subject to the limit of accumulated social insurance payment time.
(4) The per capita annual disposable income and total household property of the applicant and joint applicant meet the limit standards set by Shenzhen.
(5) Both the applicant and the joint applicant are not currently enjoying housing security preferential policies in Shenzhen, except for the rental of affordable rental housing rented by social entities or those that meet the requirements the Paragraph 1 of Article 29 of these Measures.
(6) Other conditions stipulated by laws, regulations, rules, and the municipal people's government.
If one of the parents of the applicant or one of the parents of the applicant's spouse acts as a joint applicant during the marriage, both parties shall simultaneously meet the conditions stipulated in the first and fifth items of the preceding paragraph. If a child of the applicant who is over 18 years old acts as a joint applicant during the marriage, his/her spouse shall simultaneously meet the conditions stipulated in the first and fifth items of the preceding paragraph.
The municipal authority may adjust the application conditions stipulated in this article in a timely manner according to the actual situation, publish and implement them after approval by the municipal people's government.
Article 12 The municipal development and reform department, in conjunction with The municipal authority, shall set income and property limits based on factors such as the income level of residents in Shenzhen, family property status, housing status, financial capacity, and housing market development. After approval by the municipal people's government, the limits shall be announced and implemented, and dynamic adjustments shall be implemented.
Article 13 To apply for waiting public rental housing, the following procedures shall be followed:
(1) The applicant logs in to the information platform and fills in the waiting application form for public rental housing online as required, submits relevant materials (including application form, power of attorney for income and property verification, identity certificate, marital status and special family certificate, etc.) to the district authority where the household registration is located, and signs the declaration of good faith.
(2) The district authority shall review whether the applicant and joint applicants meet the conditions stipulated in Items 1 to 3, 5, 6, of Paragraph 1, and Paragraph 2 of Article 11 of these Measures.
(3) The district authority shall push the information of the applicant and joint applicants to the municipal civil affairs department. The municipal civil affairs department shall verify and identify the income and property status of the applicant and joint applicants, and issue a verification report to the district authority. The report shall include the composition and specific amount of income and property received by the applicant and joint applicants.
(4) The district authority shall publish relevant information of the applicant who passes the review on government websites or information platforms for a period of no less than fifteen days; If the review fails, the application shall be rejected and the reason shall be notified in writing.
(5) During the public notice period, the applicant may raise objections to the review results to the district authority, which shall handle them. If there are objections to the verification results of income and property status, the municipal civil affairs department shall handle them. If the objection is established, the review result shall be republished.
The district authority shall include applicants and joint applicants who meet the waiting conditions in the waiting list of public rental housing, and publish relevant information to the public through government websites or information platforms.
The application for public rental housing shall implement an honest declaration system. Family, single resident, and employer shall be responsible for the authenticity, accuracy, and legality of the application information and materials.
Article 14 The waiting order of the listed waiting person shall be determined in the order of acceptance receipt numbers. After the registered residence of the applicant moves across districts in Shenzhen, the waiting order of the district which the registered residence moving into shall continue to be determined according to the waiting order of Shenzhen.
Article 15 During the waiting period, if the housing, household registration, marriage, family population, pension, compensation and preferential treatment, disability and other conditions of the listed waiting person change, the waiting information shall be changed within 30 days from the date of change. If the district authority where the household registration is located verifies that the conditions specified in Article 11 of these Measures are met, the relevant information shall be changed and the waiting period shall continue; Those who do not meet the conditions stipulated in Article 11 of these Measures shall withdraw from the waiting list of public rental housing and be informed in writing of the reasons.
Article 16 If the applicant dies, the listed waiting person shall re-determine the applicant among the joint applicants. If the newly determined applicant meets the conditions stipulated in Article 11 of these Measures, their waiting order shall be retained; those who do not meet the conditions stipulated in Article 11 of these Measures shall withdraw from the waiting list for public rental housing.
If the applicant is divorced, the party that meets the conditions stipulated in Article 11 of these Measures may continue to wait according to the original waiting order. If both parties to the divorce meet the conditions stipulated in Article 11 of these Measures, both parties shall negotiate and determine which party may continue to wait according to the original waiting order.
Article 17 If the following changes occur to the listed waiting person and he/she meets the prescribed conditions, the waiting order shall be processed according to the following rules:
(1) If spouse and children under the age of 18 are added as joint applicants, the order in the waiting list will be retained.
(2) If the number of joint applicants decreases due to household registration moving out of Shenzhen, death, etc., the order in the waiting list shall be retained.
(3) If parents of applicant, parents of applicant’s spouse, or children over the age of 18 are added as joint applicants, they shall reapply for waiting.
Article 18 The district authority shall formulate a project allocation plan and publish it in the form of a notice on the government website or information platform.
Article 19 The allocation of public rental housing shall follow the principles of openness, fairness, and impartiality. According to the actual situation, online or offline methods shall be adopted, and houses shall be selected independently in order of waiting order, by drawing lots in order, or automatically allocated and selected through computer. The specific selection method shall be stated in the allocation notice.
Article 20 The rent for public rental housing shall be determined at 30% of the market reference rent for the same period and quality rental housing in the same region. If it is allocated to extremely poor individuals, families with the lowest living allowance (hereinafter referred to as low-income families), and families on the edge of the lowest living allowance (hereinafter referred to as marginal low-income families), the rent is determined at 3% of the market reference rent for the same period and quality rental housing in the same region.
The market reference rent shall be evaluated and calculated by professional institutions commissioned by the municipal authority, and adjusted in a timely manner according to market changes. The municipal authority may dynamically adjust the rent of public rental housing based on changes in market reference rent.
Article 21 The allocation area of public rental housing shall be determined according to the following standards:
(1) The main rental area for single resident shall not exceed 35 square meters.
(2) The main rental area for the family with two people shall not exceed 50 square meters.
(3) The main rental area for the family with more than three people shall not exceed 60 square meters.
The housing with the area exceeding 70 square meters shall be prioritized for allocation to the family with more than five people, and may also be allocated to the family with four people based on supply and demand.
The district authority may give appropriate consideration to the family with more than three children in terms of apartment layout selection based on the availability of allocated rental housing.
The number of family members shall be determined based on the total number of the eligible applicant and joint applicants. If the applicant's spouse does not have household registration in Shenzhen and does not hold a valid residence permit in Shenzhen, he or she shall not enjoy the rental area, except that the applicant's spouse is an active serviceman or over 60 years old.
For the family identified as having lost the only child, the allocated area shall be determined based on the population of the family before the loss.
If a registered waiting person voluntarily agrees to rent a house below the standard area corresponding to the family size, the portion below the standard area shall not be compensated.
Article 22 If public rental housing is allocated to the listed waiting person, the following procedures shall be followed:
(1) Publish public rental housing allocation notice on government websites or information platforms.
(2) The listed waiting person shall submit a rental application in accordance with the requirements of the allocation notice and sign a declaration of good faith.
(3) The district authority, in accordance with the rules determined in the rental allocation notice, shall conduct a qualification review in conjunction with relevant departments. The review results shall be published on the government website or information platform for five working days. If there are no objections or objections are not established after the public notice period, the shortlist for housing selection shall be determined.
(4) The district authority shall determine the order of housing selection and organize housing selection according to the rules determined in the allocation notice.
(5) After selection of housing, the rental application family shall sign the rental contract with the property right unit or the operation and management unit within the prescribed time, and the term of each contract shall not exceed three years.
If the selection of housing is in place but no housing is selected, or the rental contract is not signed within the prescribed time after selecting the housing, it shall be deemed as giving up the selection of housing.
If the rental application family has already rented a guaranteed rental housing leased by a social entity or meets the conditions stipulated in Paragraph 1, Article 29 of these Measures, the family shall withdraw from the original rental housing within the prescribed period after signing the new rental contract.
Article 23 Those who have been identified as extremely poor individuals, low-income families, or marginal low-income families shall be given priority allocation of rent by the district authority, or shall be guaranteed through housing rental subsidies.
For the special family and the family with more than three children that are shortlisted for housing selection, the district authority shall arrange priority housing selection under equal conditions.
The district authority may arrange a certain number of housing resources in batches according to the situation of housing resources, for priority allocation to the family of martyr, beneficiary of compensation and preferential treatment, and disabled individual among the listed waiting persons; If the condition permits, the district authority may also arrange a certain number of housing resources for priority allocation to other special families and the family with more than three children among the listed waiting persons.
Article 24 If any of the following situations occur to the listed waiting person, he/she shall withdraw from the waiting list of public rental housing:
(1) The act of abandoning house selection as stipulated in Paragraph 2, Article 22 of these Measures has occurred three times.
(2) Those who have signed the rental contract of public rental housing or guaranteed rental housing allocated by government.
(3) Other circumstances stipulated by laws, regulations, rules, and the municipal people's government.
Article 25 The competent authority may arrange a certain number of public rental housing for targeted allocation to the unit that provide basic public services such as public transportation and environmental sanitation. The units shall arrange for the frontline employee who meets the conditions, and report the information of the employee to the competent department for record before moving in. The specific allocation rules and the frontline employee recognition standards for various related industries shall be formulated by the industry regulatory department, and shall be organized and implemented after being recorded by the same level competent authority. The term of a single contract for targeted allocation of public rental housing shall not exceed three years. If the conditions are still met after the lease term expires, the lease may be renewed.
The standard for the allocation area of targeted public rental housing shall not be higher than the provisions of Paragraph 1, Article 21 of these Measures. The same housing may accommodate multiple employees in a centralized manner, and the per capita residential area shall not exceed 15 square meters.
Employers who rent targeted allocation public rental housing shall vacate the public rental housing within three months if they no longer have legal personality due to bankruptcy, revocation of business license, or relocation of their registered address from Shenzhen.
Article 26 Those who move into targeted public rental housing shall also meet the following conditions:
(1) Employee, his/her spouse, and children under the age of 18 have not owned self-owned housing in Shenzhen, and have not transferred or divided due to divorce the self-owned housing in Shenzhen within three years before the information filing.
(2) Employee and his/her spouse are not currently enjoying preferential housing security preferential policies in Shenzhen.
(3) Employee shall pay social insurance normally in Shenzhen in accordance with regulations. If employee fails to pay social insurance in Shenzhen, the employer shall explain the reason and provide a full-time employment contract or work certificate in the unit.
(4) Employee shall meet the relevant standards for frontline employee providing basic public services to society.
(5) The per capita annual disposable income of employee, his/her spouse, and children under the age of 18 in the family shall meet the limit standards set by Shenzhen.
If there is a change in the housing, marriage, family size, employment contract relationship, etc. of the employee, the employer where the labor relationship located shall handle the information change through the information platform within 30 days from the date of the change. If the information changes and the provisions of the preceding paragraph are no longer complied with, the employer shall promptly request the employee to vacate their housing and arrange for other eligible employees to move in. After being reviewed and approved by the competent department, the change procedures shall be processed with the property rights unit or the operation and management unit.
Chapter ⅢPost Lease Administration
Article 27 If the applicant needs to renew the lease after the expiration of the lease term, he/she shall submit a renewal application to the property rights unit or the operation and management unit within three months before the expiration of the lease term.
The district authority, in conjunction with relevant departments, shall review the renewal qualifications of the applicant and joint applicants. If it meets the conditions stipulated in Article 11 of these Measures after verification, the lease shall be renewed for a period not exceeding three years each time.
Article 28 If the applicant dies during the lease term, the joint applicants shall redetermine the applicant, and the newly determined applicant may not be subject to the conditions of Item 2 to 4, Paragraph 1, Article 11 of these Measures during the term of the rental contract. After the expiration of the term, the newly determined applicant may not be subject to the restrictions of Item 2 and 3, Paragraph 1, Article 11 of these Measures when renewing the lease.
If the applicant divorced during the lease term, the party that meets the conditions stipulated in Article 11 of these Measures shall continue to lease. If both parties to the divorce meet the conditions stipulated in Article 11 of these Measures, both parties shall negotiate and determine one party to continue leasing.
If the applicant's household registration moves across districts in Shenzhen, he/she may continue to rent the original house if he/she meets the conditions specified in Article 11 of these Measures.
Article 29 During the lease term, if the applicant's family size increases and the allocation area standard needs to be increased, they may reapply for waiting public rental housing.
During the lease term, if the applicant's family size decreases and no longer meets the original housing allocation area standard, they may continue to lease until the lease term expires. If the rental contract expires and an application for renewal is made, the property rights unit or the operation and management unit may adjust the corresponding area standard of the housing according to the situation, or charge the portion exceeding the allocated area standard according to the market reference rent.
Article 30 If one or more of the following situations occur, an application may be made to reduce the rent of public rental housing by 50%:
(1) If the applicant or the applicant's spouse is recognized as an elderly person in a special family of planning family by the health department of Shenzhen.
(2) If the applicant or joint applicant is recognized as a disabled person by the disabled persons' federation of Shenzhen.
(3) If the applicant or joint applicant is a disabled soldier of grade 5 to 10.
(4) The applicant or joint applicant is recognized as a family member of a grassroots cadre who died in the line of duty, or the spouse of a person who sacrificed their lives bravely for righteousness.
(5) The applicant or joint applicant is recognized by the labor capacity appraisal committee of Shenzhen that his/her labor capacity has been partially lost.
(6) Other situations recognized by the municipal people's government.
If one of the following situations occurs, one may apply for full exemption from paying rent for public rental housing:
(1) If the applicant or joint applicant is recognized by the civil affairs department of Shenzhen as an extremely poor individual.
(2) If the applicant or joint applicant is martyr's family member or the disabled soldier of grade 1 to 4.
(3) The applicant or joint applicant is recognized by the civil affairs department of Shenzhen as a low-income family and is recognized by the disabled persons' federation of Shenzhen as a first to second level disabled person.
(4) The applicant or joint applicant suffers significant illness or accidental injury, and is recognized as completely losing his/her labor capacity by the labor capacity appraisal committee of Shenzhen.
(5) Other situations stipulated by laws and regulations.
If the applicant or joint applicant is the recipient of the pension, subsidy, and preferential treatment, the rental standard shall be implemented according to the rental standard of low-income families.
Article 31 If the applicant and joint applicant falls under any of the following situations during the lease term, he/she shall vacate the public rental housing within three months from the date of such occurrence:
(1) All family members have moved out of Shenzhen with their household registration.
(2) Owning self-owned housing in Shenzhen due to purchasing, inheriting, accepting gifts, changing marital status, etc.
(3) Enjoying other housing security preferential policies in Shenzhen.
(4) When renewing the lease, other conditions are met, but the family's income and property exceed the income and property limit of public rental housing.
If the applicant and joint applicant falls under the situations specified in Item 2 of the preceding paragraph, he/she may apply to the competent authority for an extension of the vacating term of public rental housing. The maximum vacating term shall not exceed sixteen months from the date of delivery and use of the self-owned housing. Among them, the rent for the first four months shall be charged according to the rent agreed upon in the original rental contract; The rent for the next twelve months will be charged based on market reference rent.
If the applicant and joint applicant falls under the situations specified in Item 4, Paragraph 1 of this Article, he/she shall take the initiative to vacate public rental housing. If there is a real need for housing that cannot be vacated, the following provisions shall apply: If the per capita annual disposable income and total family property exceed the income and property limit of public rental housing, but the per capita annual disposable income of the family does not exceed the average annual salary of Shenzhen employees in the previous year, the rent shall be charged at 60% of the market reference rent. If the per capita annual disposable income of a family exceeds the average annual salary of Shenzhen employees in the previous year, a three-year transition period may be granted, and the rent shall be charged at 60% of the market reference rent. After the transition period, the rent shall be charged at the market reference rent.
Chapter ⅣSupervision and Administration
Article 32 The applicant and joint applicant shall not have the following situations during the lease term:
(1) Not residing in public rental housing for more than six consecutive months without justifiable reasons.
(2) Failure to pay rent for two consecutive months or a cumulative period of more than six months without justifiable reasons.
(3) Unauthorized subletting, exchanging, or lending of public rental housing.
(4) Using public rental housing for commercial purposes.
(5) Unauthorized alteration of the use function of public rental housing.
(6) Unauthorized reconstruction or expansion of public rental housing.
(7) Causing serious damage to public rental housing due to intentional or gross negligence.
(8) Other illegal situations.
Article 33 Employer shall not engage in the following situations during the term of renting public rental housing:
(1) Vacant public rental housing for more than six consecutive months without justifiable reasons.
(2) Failure to pay rent for two consecutive months or a cumulative period of more than six months without justifiable reasons.
(3) Renting public rental housing to the staff out of the unit or the employee of the unit who do not meet the conditions, or the registered employee do not match the actual resident employee.
(4) Failure to promptly investigate and punish the employee who illegally sublet or lend public rental housing.
(5) Using public rental housing for commercial purposes.
(6) Unauthorized alteration of the use function of public rental housing.
(7) Unauthorized reconstruction or expansion of public rental housing.
(8) Causing serious damage to public rental housing due to intentional or gross negligence.
(9) Other illegal situations.
Article 34 If the applicant or employer fails to vacate or return public rental housing in accordance with regulations, the property rights unit or the operation and management unit shall reclaim the housing in accordance with the law and regulations, and charge the overdue occupancy and use fee for the term of vacating or returning the housing according to market reference rent.
Article 35 Real estate brokerage firm and personnel are not allowed to provide public rental housing brokerage services.
Article 36 If unit or individual violates the provisions of these Measures and is subject to administrative penalties, relevant departments shall carry out credit administration in accordance with the law and regulations.
Article 37 The supply distribution, supervision and administration of public rental housing shall be subject to social supervision.
Unit and individual may file complaint and report on violations of these Measures, and relevant departments shall handle it in a timely manner in accordance with relevant regulations.
Chapter ⅤLegal Liabilities
Article 38 Applicant or joint applicant who does not meet the conditions and engages in fraudulent activities such as concealment, false reporting, or providing false material, or applies for the rental public rental housing through improper means such as bribery, the competent authority shall reject the application, impose a fine of RMB 30,000, and refuse to accept his/her housing security application within ten years from the date of rejection.
If eligible applicant or joint applicant engages in illegal activities as mentioned in the preceding paragraph, the competent authority shall reject the application, impose a fine of RMB 10,000, and refuse to accept his/her housing security application within three years from the date of rejection.
Article 39 If the competent authority finds out that the applicant or joint applicant has engaged in fraudulent activities such as concealment, false reporting, or providing false material, or has obtained public rental housing through improper means such as bribery, the property rights unit or the operation and management unit shall reclaim the public rental housing in accordance with the law and regulations. At the same time, the rent during the term of occupancy shall be collected according to the market reference rent, and the competent authority shall hold the applicant responsible in accordance with the relevant provisions of Article 38 of these Measures, and impose an additional fine of one time.
Article 40 If relevant unit or individual issues false certification material for the applicant or joint applicant, the competent authority shall impose a fine of RMB 30,000 on the directly responsible person and a fine of RMB 100,000 yuan on the responsible unit. Those who belong to state functionary shall be investigated for administrative responsibility in accordance with the law.
Relevant unit and individual suspected of forging, altering, or using forged or altered official documents, certificates, proof documents, or seals of state organs, people's organizations, enterprises, institutions, or other organizations shall be dealt with by the public security organ in accordance with the law; If a crime is constituted, criminal responsibility shall be pursued in accordance with the law.
Article 41 If the applicant or joint applicant falls under any of the circumstances stipulated in Article 32 of these Measures, the property rights unit or the operation and management unit may reclaim public rental housing in accordance with the law and regulations.
If the applicant or joint applicant falls under any of the circumstances stipulated in Items 3 to 7, Article 32 of these Measures, the competent authority shall order them to make correction within a specified time limit. If they fail to make correction within the specified time limit, a fine of RMB 10000 shall be imposed. If the circumstances are serious, a fine of RMB 50000 shall be imposed. Any illegal gains shall be confiscated in accordance with the law.
If the contract of applicant or joint applicant is terminated under any of the circumstances stipulated in Items 2 to 7, Article 32 of these Measures, the competent authority shall not accept their housing security application within five years from the date of termination of the rental contract.
Article 42 If the employer who rents targeted public rental housing falls under any of the circumstances stipulated in Article 33 of these Measures, the property rights unit or the operation and management unit may lawfully reclaim the illegally used public rental housing. If the circumstances are serious, all public rental housing shall be reclaimed in accordance with the law and regulations.
If employer falls under any of the circumstances stipulated in Items 3 to 8, Article 33 of these Measures, the competent authority shall order it to make correction within a specified time limit. If it fails to make correction within the specified time limit, a fine of RMB 50,000 shall be imposed. If the circumstances are serious, a fine of RMB 100,000 shall be imposed. Any illegal gains shall be confiscated in accordance with the law.
If the contract of employer is terminated under any of the circumstances stipulated in Items 3 to 8, Article 33 of these Measures, the competent authority shall not accept its housing security application within five years from the date of termination of the rental contract.
Article 43 If real estate brokerage institution and personnel violate the provisions of Article 35 of these Measures, the competent authority shall order them to make correction within a specified time limit and record them in the real estate brokerage credit file, impose a fine of RMB 10,000 on real estate brokerage personnel, suspend online signing authority and impose a fine of RMB 30,000 on real estate brokerage institution.
Article 44 If the competent authority or other relevant departments and their staff violate the provisions of these Measures and fail to perform their duties, they shall be held accountable for administrative responsibilities in accordance with the law. If a crime is constituted, criminal responsibility shall be pursued in accordance with the law.
Chapter ⅥSupplementary Provisions
Article 45 The meanings of the following terms in these Measures are:
(1) Self-owned housing refers to various types of housing with residential functions that have obtained ownership certificates or actually own but have not obtained ownership certificates, including but not limited to policy oriented housing, demolition and resettlement housing, military production housing, self-built private housing, and commercial housing.
(2) Policy oriented housing refers to various types of housing with policy preferential properties, including quasi cost housing, full cost housing, full cost micro profit housing, social micro profit housing, unit funded cooperative construction housing, affordable housing, limited price commodity housing, affordable commodity housing, and jointly owned property housing.
(3) Housing security preferential policies refer to the relevant preferential policies enjoyed in renting, purchasing housing with security properties, or receiving housing rental subsidies in accordance with relevant laws, regulations, and normative documents on housing security.
(4) Housing rental subsidies refer to monetary subsidies provided to eligible extremely poor individuals, low-income families, marginal low-income families, and other residents facing housing difficulties.
(5) Listed waiting persons refer to families and single residents who are included in the waiting list for public rental housing.
(6) Rental application families refer to the listed waiting persons who submit rental applications in accordance with the requirements of the allocation notice.
Article 46 Public rental housing security adopts two methods: physical allocation and monetary subsidies. Eligible individuals on the waiting list may apply for housing rental subsidies in accordance with regulations. After receiving the housing rental subsidy, they shall withdraw from the waiting list. The housing rental subsidy policy shall be formulated separately by the municipal authority in conjunction with relevant departments.
Article 47 The terms "over", "more than", "within", and "not exceed" referred to in these Measures include the number itself. The terms "under", "exceed", and "below" do not include the number itself.
Article 48 The special families referred to in these Measures include:
(1) Applicants or joint applicants who belong to active serviceman, family members of active serviceman, disabled serviceman, veteran, family members of martyrs, family members of serviceman who sacrificed their lives on duty, family members of serviceman who died of illness, or those who have been recognized by the veteran department in Shenzhen as beneficiaries of compensation and subsidies.
(2) Applicants or joint applicants recognized by the disabled persons' federation of Shenzhen as disabled persons (including disabled persons at Level 1, 2, 3, and 4).
(3) Applicants or joint applicants who are the family members of grassroots cadres who died on duty.
(4) Applicants or joint applicants who are firefighting and rescue personnel or martyrs, and the family members of firefighting and rescue personnel who have sacrificed themselves on duty, or those who have passed away due to illness.
(5) Applicants or joint applicants who are orphans who are collectively supported by social welfare institutions and have reached the age of 18 and are eligible for social placement.
(6) Applicants or joint applicants recognized by the local health department as special family planning families.
(7) The applicant and joint applicants are over 60 years old all, or the applicant is a single parent family or single resident over 60 years old.
(8) Applicants or joint applicants recognized by the state, the People's Government of Guangdong Province, or the municipal or district people’s government as individuals who act bravely for righteousness.
(9) Applicants or joint applicants who belong to the National Moral Model and Nominated Winners, Guangdong Provincial Moral Model, or Shenzhen Civilized Citizens.
(10) Applicants or joint applicants who have been recognized by the federation of trade unions as model employee at or above the municipal level in Shenzhen or winners of the May Day Labor Medal.
(11) Families or single residents who have been recognized by the civil affairs department of Shenzhen as financially disadvantaged families.
(12) Other special families recognized by the municipal people's government.
Article 49 The municipal authority, in conjunction with the municipal market regulation department, shall formulate a model text for public rental housing rental contract.
Article 50 From the date of implementation of these Measures, relevant matters shall be implemented in accordance with the following provisions:
(1) Families and single residents who have obtained the receipt of waiting application acceptance before the implementation date of these Measures shall be examined according to the original waiting application conditions, and those who meet the conditions shall be included in the waiting list of public rental housing, and the listed waiting persons shall be divided into districts according to the location of the applicant's household registration.
(2) Those who meet the conditions stipulated in Item 1 of this Article or are the listed waiting persons for public rental housing or applicants for renting public rental housing before the implementation date of these Measures, and who subscribe or renew the lease of public rental housing after the implementation of these Measures, may choose to follow the original policy or relevant provisions of these Measures. For those who choose to follow the original policy, their household income and property status shall not be reviewed during lease subscription and renewal, and the rent will be determined according to the original policy rental pricing rules. Those who choose to follow the relevant provisions of these Measures shall no longer be subject to the original policy when renewing the lease.
(3) The stock of public rental housing at municipal and district levels, as well as self-built public rental housing by enterprises and institutions, shall be administrated by the competent department in accordance with the principles of respecting history and orderly connection, combined with actual situations.
Article 51 Theses measures shall come into force as of August 1st, 2023.
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