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Business models such as “advance fees” and “high rent”
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To regularize the housing rental market order
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Latest announcement
In order to further develop and regulate the market for rental housing in our city, a number of sectors, including the tianjin city housing construction commission and the municipal development and rehabilitation commission, jointly issued a circular on the reorganization of the order of the housing rental market, which provided advice on 10 aspects of regulating the development of the housing rental market, such as the publication of information on the supply of housing, the charging of rental services, the prevention of the risks associated with the operation of housing rental enterprises from the source, the safeguarding of the legitimate rights and interests of housing rental stakeholders and the promotion of the smooth and healthy development of the housing rental market。
The notice expressly requires -
I. Strict record-keeping
Real estate brokers, housing leasing enterprises and web-based information platforms are required to perform the required registration, filing, etc., and to submit opening information reports and update practitioners ' information in real time。
Ii. Regulating the dissemination of information on housing sources
Real estate brokers, housing leasing enterprises, etc., should issue information on the source of housing, which should be verified and maintained dynamically. Light-assets housing leasing enterprises are required to fully integrate information on housing sources into the management of regulatory service platforms。
Enhanced oversight of web platforms
The web-based information platform is required to verify the subject's qualifications for the publication of information on the source of the home and to present a consolidated presentation of the same source. The publication of information on the source of the dwelling is detected in violation of the law and is immediately processed and the authority of the subject concerned is restricted。
Iv. Strict lease contracts
A model copy of the housing lease contract should be signed by the real estate broker and the housing rental enterprise when operating. Housing rental enterprises may not deduct rents or deposits, may not violently evict tenants and defend their legitimate interests。
V. Regulating rental service charges
Real estate brokers, housing leasing enterprises should mark prices, publicize the rates, list the services and not earn rent differentials. Upon expiry of the term of the housing lease contract, the remaining rent and deposits shall be refunded in a timely manner。
Secure rental housing。
The per capita rental space may not be less than 5 m2 and non-residential space may not be rented for personal accommodation alone. Renovation and renovation of rented housing should meet building, fire and environmental requirements。
Vii. Control of leasing financial operations
Housing rental enterprises may not use rent loans in violation of the law. The light-assets housing leasing enterprise should establish a monitoring account for rental funds in banks, which should be included in the unified management of the monitoring account for a single rent of more than three months and a deposit of more than one month。
Strengthening the regulation of leasing enterprises
Enterprises with more than 30 per cent of their housing rental loans are required to develop adjustment plans to be in place by 2022. Housing rental enterprises should strengthen their own management, and should not push rents and blind expansion through “high- and low-income” and “long-term payments”。
Ix. Establishment of a dispute settlement mechanism
Real estate brokers, housing leasing enterprises and web-based information platforms assume primary responsibility for resolving conflicts. Departments need to have open channels for reporting complaints, and streets and communities need to play a role as gridkeepers to oversee the filing of contracts and assist in the screening of high-risk rental enterprises。
Strengthening sectoral coordination
The housing authority is responsible for strengthening the management of real estate brokers, housing rental companies, filing of records, opening of businesses, etc., and the market regulatory authority is responsible for investigating and prosecuting violations such as unlicensed operations, false advertising and rents, the networking authority is responsible for strengthening the internet information platform and the handling of violations, the financial supervisory authority is responsible for strengthening the financial control of housing rental operations, the public security department is responsible for investigating violations of public order and crimes in accordance with the law, the development and reform department is responsible for strengthening the credit management of enterprises, and the various departments are working together to maintain common market order。
The text of the notice reads as follows:
Circular of the municipal board of the municipal housing development and reform commission and the municipal public security board of the municipal market supervisory board of the tianjin bank insurance and monitoring board on the regulation of the housing rental market
Relevant units:
In order to further develop and regularize the housing rental market in our city, to continuously regulate the housing rental market, to establish an institutionalized and regular working mechanism and to promote the smooth, healthy and orderly development of the housing rental market, in accordance with the opinion of the national network supervisory office of the general directorate of market supervision of the ministry of national development and rural and urban development of the ministry of housing and rural development on the reorganization of the housing rental market (rule [2019) no. 10), the ministry of housing and urban and rural construction, etc., on strengthening the regulation of rental enterprises for light-assets housing (2021) the relevant provisions, in conjunction with our municipal practice, are notified as follows:
I. Strict record-keeping
(i) real estate brokers, housing leasing enterprises and web-based information platforms, as well as units or individuals with ten or more sublet housing units, shall register with market owners in accordance with the law. The scope of operation of institutions engaged in housing rent-brokering services should be specified as “real estate brokers” and the scope of operation of enterprises engaged in housing renting should be specified as “housing leases”. A small-assets housing rental enterprise (hereinafter referred to as the light-assets housing rental enterprise) operating in the municipality shall establish an independent accounting legal entity in the municipality, and the name of the enterprise shall include the relevant words “housing lease”。
(ii) before a real estate broker can operate, he or she shall file a file with the district housing commission in the place where he or she operates and apply for an internet-based sign-off function, as well as submit information on the real estate broker's practitioners through the housing rental control service platform in tianjin (hereinafter referred to as the regulatory service platform)。
(iii) before the establishment of a housing rental enterprise, the opening information report should be forwarded to the regional housing commission of the registered area through a regulatory service platform and a request should be made to open a web-based filing function for the regulatory service。
(iv) real estate brokers, housing leasing enterprises should update their practitioners in real time through regulatory service platforms。
Ii. Regulating the dissemination of information on housing sources
(i) real estate brokers, housing leasing enterprises and their practitioners should be held accountable for the authenticity and validity of housing source information. Support to market owners to conduct and obtain home-source verifications through regulatory service platforms, which are valid for 30 days, after which they have to re-create and update their release. Information on the sources of housing should be published simultaneously by the housing rental company, which is responsible for monitoring the accounts。
(ii) real estate brokers, housing leasing enterprises and their practitioners should publish information on the source of housing, including basic information on the location, size, rental price, use, flooring, direction, house pictures, etc., and recommend the use of the source code to meet the requirements of real commissioning, real status and real price。
(iii) the duration of the issuance of a housing source by a real estate broker shall not exceed the duration of the commissioning contract with the client; the duration of a housing source issued by a housing rental enterprise shall not exceed the duration of the lease (custody) contract with the housing owner, except for the rental of a home owned by the housing rental enterprise。
(iv) the same homeowners of the same institution (the housing rights holder) may be published only once on the same web-based information platform, the information on the homeowners published from different sources should be consistent and the information on the homeowners that have been concluded or withdrawn should be removed from the distribution channels within five working days。
(v) when real estate brokers, housing leasing enterprises and their practitioners publish information on the sources of rental housing in their municipalities, the following circumstances may not exist: if they are included in the list of operating anomalies, in the list of serious breach of trust enterprises or otherwise restricted by the competent authorities to the issuance of the source of housing; and if the company of rental housing for light assets does not maintain a regulated account of the rental funds for housing。
(vi) information systems for the operation of light-asset housing leases should implement the policy requirements of internet management and access regulatory service platforms. A light-assets housing lease enterprise should incorporate information on the source of the operation into the management of the regulatory service platform and provide real-time information on the duration of the lease contract, the rental deposit and the manner in which it is paid, and the lessee's basic situation。
Enhanced oversight of web platforms
(i) the web-based information platform should publish the necessary information on the ownership and supply of housing through, inter alia, a credit information system for market owners in tianjin, a regulatory service platform and, for real estate brokers, housing leasing enterprises and their practitioners, should verify the identity of the institution and the true professional performance of its personnel。
(ii) web-based information platforms should not allow practitioners of real estate brokers and housing leasing enterprises to publish company-trusted housing in their personal name。
(iii) a web-based information platform should support real estate brokers, housing leasing enterprises and their practitioners in publishing information on the sources that have been certified for regulatory service platforms. Institutions and practitioners who do not have the qualifications to publish information on the source of housing, are included in the list of business anomalies or on the list of serious breach of the law。
(iv) the online information platform shall verify the identity of the publisher and the authenticity of the source of the home for the right-holder to publish the information on his own initiative. The authenticity of the home can be verified by checking whether the home is sourced with the regulatory services platform。
(v) the web-based information platform should verify the qualifications of the entities or individuals that publish more than 10 sets of sub-tenant housing source information and verify the authenticity of the source, including by checking whether the source obtains the regulatory service platform verification。
(vi) the web-based information platform should consolidate the presentation of information on the same source and remove information on the source that has not been maintained for more than 30 working days in a timely manner。
(vii) web-based information platforms should be in line with requests for housing rental data from sectors such as urban-rural construction and market regulation。
(viii) if the web-based information platform finds irregularities in the publication of information about the source of the dwelling, the relevant records should be immediately disposed of and kept. For agencies and practitioners who publish information on housing sources in violation of the law, the departments of urban and rural housing construction, internet services, etc., should request the publication of information on housing sources to be removed from the subject and the web-based information platform, which should restrict or remove its publication powers。
(ix) the web-based information platform should establish mechanisms to improve complaints, reporting, complaints and handling. Public reporting calls are placed on the front page of the website, links are made to the reports, and channels for the receipt of false home information are opened。
Iv. Strict lease contracts
(i) real estate brokers shall perform the services of renting agents, each of which shall sign a real estate broker service contract with the leasing parties through a regulatory service platform, and those who do not have a net broker service contract shall not have access to proof of the source; and housing rental contracts entered into by a real estate broker shall promptly file the contract through a regulatory service platform. Web-based filing should use the model housing lease contract for the municipality。
(ii) the rental and subletting of a dwelling by the housing rental enterprise shall be promptly entered into a network of rental (subletting) contracts with the lessor and the lessee through a regulatory service platform. Web-based filing should use the model housing lease contract for the municipality. In the case of housing rental enterprises carrying out housing hosting operations, information on housing hosting agreements should be submitted in a timely manner through regulatory service platforms。
(iii) a housing rental enterprise may not, in contravention of a contractual agreement, shorten the lease term, increase rent at will, unilaterally cancel the contract, deduct rent, deposit, violently evict the lessee; and not use the terms of manifest unfairness to infringe upon the legitimate interests of the lessee。
V. Regulating rental service charges
(i) real estate brokers, housing leasing enterprises should adopt a coded price and publicize the rates at the business premises, the ap and the website. The fees shall be preceded by a list of the fees, indicating the full range of services, the rates, the amounts charged, etc., and shall be confirmed by the signature of the parties。
(ii) real estate brokers may not earn rental differentials and no commission may be collected again upon renewal of the lease of the tenant or lessor upon expiry of the lease。
(iii) upon expiration of the term of the housing lease contract, the lessor shall return the remaining rent, deposits, etc. To the lessee in a timely manner, in addition to offsetting the costs agreed in the contract。
Vi. Secure rental housing
(i) in the case of rented housing, the per capita rental space may not be less than 5 square metres, and non-residential spaces such as kitchens, bathrooms, balconyes, underground storage rooms may not be rented to accommodate persons。
(ii) in the event of a change or renovation of a rented dwelling by a rental enterprise, the written consent of the owner shall be obtained. Where housing is used for rental purposes, it should meet building, fire and other requirements. The material and equipment used in the modification and refurbishment shall conform to national and municipal standards, and the air quality after refurbishment shall conform to national standards and shall not endanger the safety and health of the lessee。
(iii) the housing rental enterprise shall prepare a statement of the use of the house, inform the lessee of the use of the house and the associated facilities, indicate the use of fire protection, electricity, gas, etc., and shall specify to the lessee the annex to the lease contract, which shall be issued on a network with the lessee。
Vii. Control of leasing financial operations
(i) housing leasing enterprises and real estate brokers may not, by concealment, deception, coercion, etc., require tenants to use housing rental consumption loans, or induce tenants to use housing rental consumption loans in the name of rent breaks, rent concessions, etc. Housing leasing enterprises may not act as a financial business, may not embed the relevant elements of housing rental consumer loans into housing lease contracts, or use the tenant's credit for housing rental consumer loans。
(ii) financial institutions shall grant loans for the consumption of housing leases, which shall be based on a registered housing lease contract, which shall not exceed the amount of the housing lease contract, the duration of the loan shall not exceed the duration of the housing lease contract, the frequency of the loans shall be commensurate with the frequency of payment of rent by the borrower, the funds of the loans shall be allocated only to the borrower's account and the management of the loan funds shall be strengthened to avoid the risk of misappropriation。
(iii) tenancy enterprises with light assets shall establish a housing rental fund monitoring account with a commercial bank registered in their municipality, enter into an account monitoring agreement with the bank, specify the content, modalities, processes, responsibilities, etc., file the monitoring account with the district housing commission of the enterprise's place of registration, and communicate it to society through the regulatory service platform. If the rent is charged by a rental enterprise with a light asset for a period of more than three months, or a deposit for a period of more than one month, the rent and deposit shall be included in the custody account and paid to the owner of the dwelling through the supervision account and the deposit returned to the lessee. The small-assets housing rental enterprise shall maintain separate monitoring accounts for its subsidiaries in the municipality and its branches in the municipality. Commercial banks should provide real-time financial information on the regulatory account to the urban-rural housing sector through a systematic interface。
Strengthening the regulation of leasing enterprises
(i) housing rental loans must not exceed 30 per cent of the rental income of housing rental enterprises, and for enterprises with more than 30 per cent of housing rental loans, adjustment plans should be in place by the end of 2022, and financial institutions should implement adjustment plans in line with the firm's conservatively charged rental loans。
(ii) the duration of the single rent charged by the light-asset rental enterprise does not exceed three months in principle; the rent paid to the owner is in principle not higher than the rent charged to the lessee, except for normal business behaviour resulting from market changes。
(iii) housing rental enterprises should strengthen their own management of their operations, and sectors such as housing and urban-rural construction should strengthen the regulation of light-asset rental enterprises that adopt a “high-in and low-out” model (payment of rent to the owner is higher than rent to the lessee), “long-receivable short-term payments” (receiving the rent to the lessee is longer than the rent to the owner), and may prevent risk mitigation by means of interview warnings, suspension of online filing, issuance of risk alerts, and legal compliance with the rules. The urban and rural housing sector should share with financial institutions the list of housing rental enterprises with high-risk business practices such as “high-in, low-off” and “short-off payments”, and financial institutions should conduct risk assessments of enterprises and strengthen their list management。
Ix. Establishment of a dispute settlement mechanism
(i) real estate brokers, housing leasing enterprises, and web-based information platforms should establish complaint-handling mechanisms, assume primary responsibility for rental disputes and actively resolve conflicts。
(ii) telephone calls for complaints from real estate brokers, housing rental companies, and departments such as urban and rural housing construction, market regulation, web mail, finance, public security, etc., are to be publicized in the premises or in the visible locations of the app。
(iii) departments such as housing and urban-rural construction should open channels for reporting complaints, investigate complaints and deal with complaints in a timely manner, and resolve disputes over leases。
(iv) street offices, communities, fully play the role of grass-roots grid managers, urge the filing of housing rental contracts and assist in the screening of housing rental enterprises with high-risk business practices。
Strengthening sectoral coordination
(i) the urban and rural housing construction sector is responsible for strengthening the management of the registration of real estate brokers and the opening of housing rental enterprises by making public and updating in real time the lists of real estate brokers, housing leasing enterprises and their practitioners that have been filed or have been opened through regulatory service platforms. To strengthen the supervision and control of housing rental transactions by real estate brokers and housing leasing enterprises, in accordance with the law, infractions such as the failure of real estate brokers, housing leasing enterprises to file the required files, the failure to submit their opening reports on time and the submission of information to practitioners, and to deal seriously with the combination of interviews, warnings, the issuance of risk alerts, corrective orders, administrative sanctions, etc., as well as the timely transmission, in writing, of information on problems involving the responsibilities of other sectors. It will work with financial regulators to establish a system for monitoring housing rental funds, to strengthen day-to-day supervision and supervision, to ensure that housing leasing enterprises and commercial banks are held accountable and that financial controls are put in place。
(ii) the market regulatory authority is responsible for sharing information on real estate brokers and housing leasing enterprises registered with market entities through a common exchange of municipal information resources. Businesses that cannot be contacted through registered residences, identified during routine checks, are included in the list of operating anomalies in accordance with the law. Housing leasing enterprises involved in unlicensed business, false advertising, rent lifting, monopolization and abuse of market dominance are subject to legal prosecution. Infringements of prices, such as non-specified prices, the collection of unmarked fees, the use of false or misleading price-fixing elements and price-fixing methods, are subject to legal prosecution。
(iii) networking units are responsible for enhancing access to open web-based information platforms. Joint market regulations, urban-rural housing construction, etc., are jointly studied, and information on the source of housing found to be irregular on open online platforms is dealt with in accordance with the law. In accordance with sectoral opinions such as housing and rural-urban construction, the territorial network information platform, which does not fulfil its responsibility to verify the publication of information on the subject and the source of housing, is subject to the legal suspension of the relevant operations, the closure of the business, etc。
(iv) the financial supervisory authority is responsible for strengthening the financial regulation of housing leases, enhancing day-to-day monitoring, directing financial institutions to comply with the law in carrying out financial housing leases, and directing financial institutions to strengthen the management of housing leases and consumer loans. Financial institutions that cooperate with housing rental enterprises to create pools and leverage financial institutions that affect the financial order are legally identified. To regulate housing rental loans and to direct financial institutions that operate housing rental loans to conduct pre-lending surveys, post-lending management and strict scrutiny of loan use. Financial institutions that violate the financial order by cooperating with housing rental enterprises, by concealing, deceiving, forcing tenants to use housing rental loans, etc。
(v) the public security department is responsible for investigating and prosecuting, in accordance with the law, acts involving violations of public order and crimes。
(vi) the department for development reform is responsible, in cooperation with the authorities, for publicizing the credit status of enterprises through channels such as the “credit china (tienjin)” website, and for the prosecution of those who fail to comply with the law。
This notification shall be effective for a period of five years from the date of its issuance。
Municipal housing, urban and rural construction commission
Municipal markets regulatory board, tianjin bank insurance board
29 july 2021
