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1、出租房屋管理辦法(the management of rental housing )出租房屋管理辦法 (the management of rental housing) effective date: 2007-04-17 effective date: 2007-04-17 release department: huanggang municipal peoples government of hubei province issue no. : notice of the peoples government of huanggang on the issuance of the a
2、dministrative measures on the rental of housing in huanggang city huang zhengfa 2007 22 various counties, cities and district peoples governments, longsense lake management district, huanggang economic development zone management committee, municipal government departments: the management measures f
3、or the rental housing of the city of huanggang has been discussed at the 5th executive meeting of the municipal government on march 15, 2007. it is now issued to you. please implement it carefully. on 17 april 2007 administrative measures for the rental of houses in huanggang city article 1 in order
4、 to safeguard the lawful rights and interests of the parties to rental housing, regulating the behavior of our city housing rental, promote the healthy development of the housing rental market, maintaining the social order, on the basis of the urban real estate administration law of the peoples repu
5、blic of china, the hubei province to implement the urban real estate administration law of the peoples republic of china method and the six ministries and commissions such as the ministry of public security, bureau on further strengthening and improving rental housing management related issues notic
6、e , combining the reality of our city, are formulated. article 2 these measures shall apply to the management of urban rental housing in huanggang city. rental housing, as mentioned in the present measures refers to the ownership of the house as the lessor, the house and its appendages leased to the
7、 lessee to use, including housing rental housing, commercial rental homes and other premises. in one of the following situations, the view of the premises rent: (1) the owner of the house shall, in order to provide the right to the use of the premises, cooperate with others, operate in partnership,
8、and shall not participate in the management, and shall not take risks to obtain the proceeds; (2) renting or subletting the premises in other ways. article 3 the comprehensive management mechanism and contact meeting system of rental housing shall be established. city, county (city) of the two level
9、s of government, public security, comprehensive management, real estate management, land tax, industrial and commercial administration, civil affairs, family planning and other departments shall, close cooperation, manages concertedly, together to do a good job of rental housing management. public s
10、ecurity department is responsible for the registration of temporary residence, and the inspection of temporary residence permits, for the production, management, living place for rental housing, should check the house lease registration for the record to prove, learn about changes in housing tenant.
11、 urge the rental owner to sign the security responsibility guarantee with the public security department. we will carry out regular inspections of public security, eliminate the hidden dangers of public security, timely investigate and punish illegal and criminal activities in rented houses accordin
12、g to law. to guide the peoples commission of residence (village) and social security assistance to assist in the management of rental housing and temporary residential population. the comprehensive administrative department of social security is responsible for guiding the community to promote the c
13、onstruction of social security and control system, and comprehensively implement measures of comprehensive social security administration. we will strengthen the construction of rural, township, street and anti-social forces, and integrate various public security forces. organize, coordinate and urg
14、e all departments concerned to work together in the management of rental housing, regularly convene relevant departments to study and analyze the problems existing in the management, and put forward solutions in time. to carry out the assessment of the management of rental housing in all departments
15、. the civil affairs department is responsible for guiding the construction of the grass-roots regime and promoting the construction of the community. to assist the public security and judicial departments in the construction of self-government organizations such as the protection organization of the
16、 local peoples committee and the peoples mediation organization, and to assist the public security departments in improving the construction of community security network. real estate management department is responsible for the rent and sublet lease registration and filing work, grasp the base and
17、the basic situation of the leased premises, strengthen the management of housing rental intermediary institutions, regulating the behavior of housing rental intermediary, protect the legitimate rights and interests of the parties to a lease. the taxation department is responsible for renting out the
18、 tax collection and administration of housing. for the production, operation and residential premises for the rental of the premises, according to the difference of the collection and management conditions, the housing leasing registration certificate issued by the real estate management department
19、may be examined. in accordance with the provisions of the relevant tax laws and regulations, it may sign a proxy agreement with the temporary resident population management agency or the real estate management department. the administrative department for industry and commerce is responsible for the
20、 use of rental housing to engage in illegal business activities, and to investigate and eliminate illegal housing intermediaries. in handling the business license and the annual examination, the premises for the production and management of the premises shall be checked and checked by the real estat
21、e management department for the certificate of housing lease registration. if there is no registration of a housing lease, the relevant information shall be promptly reported to the real estate management department. the family planning department is responsible for the family planning management of
22、 the floating population and the identification of housing leases and temporary resident population for the floating population living in rental housing. article 4. strengthen the socialization of rental housing. relying on the township, town, street offices and neighborhood committees, we will cons
23、cientiously implement the registration and filing system of housing rental, strengthen the registration and management of rental housing and the management of floating population. widely launched the masses, rely on the masses, give full play to the community responsibility of civilian police, secur
24、ity organization, the effect of family planning zhuangan, implement good rental housing management measures, the management of rental housing. the housing rental registration and filing window shall provide information consultation, verification of property rights, dispute mediation and other conven
25、ience services according to the requirements of the leasing party. article 5 the public security, real estate management, tax, business, family planning and other departments jointly build rental housing rental management coordination mechanism, coordinating group held a meeting on a regular basis i
26、nformation, carry out house lease registration and filing, lease party information registration, temporary residence registration and family planning management. article 6 the property management department shall be responsible for the supervision and inspection of the leasing activities. the partie
27、s concerned shall, within 30 days from the date of signing or alteration of the building lease contract, apply to the real estate management department for registration and filing of the house lease registration. real estate management department shall be the date of receiving the house lease regist
28、ration and filing application within three working days, meet the conditions for registration and filing, register put on record, and issue a house tenancy register put on record formalities. does not meet the requirements for the registration and filing will not be registered for the record, and no
29、tify the applicant of the disapproval of the registration and filing, real estate management department fails to reply within a prescribed period of time, as agreed with register put on record. article 7 after the registration and filing of the lease, the lessor shall hold a real estate management d
30、epartment to issue the house lease register put on record formalities, to the tax authorities for tax registration and declare and pay taxes, to the leased premises to the local public security police station sign the rental housing management responsibility of public security, and to the local fami
31、ly planning authority to sign the leased premises the responsibility of family planning. article 8 the following houses are not allowed to rent: (1) failing to obtain the property ownership certificate according to law; (2) the judicial organs and administrative organs have decided, in accordance wi
32、th law, to seal up or restrict the rights of the real estate in other forms; (3) if the common premises are not shared by the co-owners; (4) the ownership is controversial; (5) belonging to an illegal construction; (6) failing to meet safety standards; (7) the mortgaged, without the consent of the m
33、ortgagee; (8) failing to meet the relevant provisions of the competent departments of public security, environmental protection and health; (9) other circumstances where the relevant laws and regulations prohibit the lease. article 9 the shipowner shall perform the following obligations: (1) it is n
34、ot allowed to lease houses to persons without effective identification or capacity for civil conduct; (2) to report to the public security department in a timely manner and to cooperate with the department of public security in investigating the hidden dangers of the leased premises; (3) to report t
35、o the public security department or relevant departments in a timely manner when the lessee and other residents are suspected of illegal acts or crimes; (4) timely report to the family planning management department if the lessee and other residents have violated the family planning policy; (5) to d
36、eclare and pay taxes according to laws and regulations. article 10 the charterer shall observe the following provisions: (1) truthfully account for the number of people who are renting, show the valid identification of the person and other residents, and fill in the information registration form of
37、the tenant; (2) after checking in, i shall apply for temporary residence registration at the local police station where the rental house is located, and apply for temporary residence permit; (3) the use of the leased premises shall not be altered without authorization; (4) may not use the leased bui
38、lding for gambling, drug use, drug trafficking, prostitution, zhihuang pornography, forgery, illegal publications printing, manufacturing sales of fake and inferior commodities, harboring criminals, harbor and selling stolen goods such as illegal and criminal behavior; (5) it is not allowed to engag
39、e in illegal activities such as pyramid selling or conversion, illegal start-up of clinics, illegal medical practice and illegal recycling of renewable resources; (6) it is not allowed to use the rental housing for illegal occupation introduction, marriage introduction, training and real estate inte
40、rmediary activities; (7) it is not allowed to illegally engage in the activities of the production, storage, operation of inflammable, explosive, toxic, radioactive and other dangerous goods by renting houses; (8) to report to the public security department in a timely manner when there are illegal
41、acts or suspects in the leased building; to cooperate with the relevant departments in the implementation of the management of the rental housing and the administration of tax collection. article 11 the public security departments shall cooperate with the public security departments in carrying out
42、the daily supervision and management activities of the real estate management departments. the real estate management department shall promptly notify the public security departments when they find that the lessee fails to handle the registration of temporary residents and the use of the leased prem
43、ises for illegal criminal activities. if the lessee does not operate according to the license, it shall notify the administrative department of industry and commerce in time. if a fire hazard is found, it shall promptly notify the public security fire department. if the lessee violates the regulatio
44、ns on the management of family planning, it shall notify the family planning management department in time. article 12 the administrative department for industry and commerce in handling and careful industrial and commercial business license, the public security department to deal with temporary res
45、idence registration and temporary residence permits, for the production, management, place to live for the leased premises, shall examine the real estate management department to issue the house lease register put on record formalities, to found was not dealt with register put on record formalities
46、of rental housing, relevant information shall be promptly notified real estate management department. article 13 a house lessor shall, in accordance with the tax period prescribed in the tax law or the competent tax authorities, report and pay tax to the local tax authorities according to the time l
47、imit stipulated in the tax law. article 14 if a housing intermediary is entrusted to register a house lease registration, it shall issue a entrustment procedure and handle it according to the regulations. housing intermediary institutions shall, in accordance with the law to engage in intermediary b
48、usiness activities, shall not evade or assist in leasing to evade the management, the parties shall not be intentionally concealing important facts or providing false to enter into a contract, damage the interests of the lease of the parties, shall not issue false information or by other means fool,
49、 man leasing parties, the parties shall not be forced to rent or rent houses. article 15 for the following violation of the provisions of the rental housing management of the public security organ in accordance with the administration of rental housing security provisions, the law of the peoples rep
50、ublic of china on public security administration punishments investigate: (a) house lease registration for the record before the house to the local public security local police station after signing the responsibility of public security, the notification refuses to make corrections, and in accordanc
51、e with the regulation on administration of rental housing security shall be penalized; (2) if the premises are rented out to persons without lawful valid certificates, the punishment shall be imposed in accordance with the provisions of the regulations on the administration of public security of the
52、 leasing houses; (3) that the lessee violate the explosive, toxic, flammable, radioactive and other hazardous material management rules, the use of rental housing production, sales, storage and use of dangerous goods, have not caused serious consequences, not to stop in time and report, in accordanc
53、e with the regulation on administration of rental housing security shall be penalized. (4) to be punished in accordance with the provisions of the law of the peoples republic of china on the law of public security administration of the peoples republic of china; if the circumstances are serious and
54、constitute a crime, the criminal responsibility shall be investigated in accordance with the provisions of the criminal law of the peoples republic of china. (5) whoever introduces or leaves for prostitution shall be punished in accordance with the provisions of article 67 of the law of public secur
55、ity of the peoples republic of china. if the circumstances are serious and constitute a crime, the criminal responsibility shall be investigated in accordance with the provisions of the criminal law of the peoples republic of china. (6) to provide a rental housing for other peoples gambling activiti
56、es, and shall be punished in accordance with the provisions of article 70 of the law of the peoples republic of china on the law of public security administration; if the circumstances are serious and constitute a crime, the criminal responsibility shall be investigated in accordance with the provis
57、ions of the criminal law of the peoples republic of china. (7) for others production, sale of pornographic books, cd or other pornographic materials for rental housing, in accordance with the law of the peoples republic of china on public security administration punishment law will be punished accor
58、ding to article sixty-nine of the; if the circumstances are serious and constitute a crime, the criminal responsibility shall be investigated in accordance with the provisions of the criminal law of the peoples republic of china. (8) where he knowingly leases a house for a person who is committed to
59、 a crime, and helps him to evade or falsification, he shall be investigated for criminal responsibility in accordance with the provisions of the criminal law of the peoples republic of china. article 16 has rental housing, not the lease register put on record formalities, within a time limit shall b
60、e ordered to the lessor by real estate management department for register put on record formalities, and on the basis of the hubei province to implement the urban real estate administration law of the peoples republic of china way regulation to be investigated. article 17 building lessor not to, not
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