Among them, it is mentioned that relevant requirements are put forward for the authenticity of rental houses, as well as the management and requirements for employees, and guidance is given in relevant regulations such as online signing and contracts.
In addition, in regulating housing leasing, the cycle of housing leasing business institutions collecting rent from tenants should match the cycle of paying rent to lessors. Housing leasing institutions shall not force or induce the lessee to pay the long-term rent for more than three months in the name of rent concessions.
If a housing leasing business institution needs to open a fund supervision account, it shall open the only housing leasing fund supervision account in this city in a commercial bank registered in this city. No cash can be withdrawn from this account, and it cannot be changed in principle.
The original text is as follows:
First, strengthen the management of the main body of the housing rental market.
(1) Strict business scope registration management. Housing leasing enterprises, real estate brokerage agencies and network information platforms engaged in housing leasing activities within the scope of this Municipality, as well as units and individuals that sublease houses (rooms) 10 or more, shall register market entities according to law. Enterprises and individual industrial and commercial households engaged in housing leasing business (hereinafter referred to as housing leasing business institutions) shall indicate "housing leasing" in their business scope, and institutions engaged in housing leasing brokerage services shall indicate "real estate brokers" in their business scope. Housing management and market supervision departments should strengthen cooperation and enjoy registration information in time through the city's big data resource platform.
(2) Strictly manage the opening report and filing. Housing rental business institutions shall, before conducting business, handle the opening report (information filing) to the district housing management department of the place of registration; Before a real estate brokerage institution conducts business, it shall go through the filing formalities with the district housing management department of the place of registration and publicize it through online and offline business premises and other channels. If an institution cancels the change of the business scope, domicile, legal representative or person in charge, shareholders and other important information of "house lease" or "real estate broker", it shall go through the corresponding information change procedures at the district housing management department in time. Housing management, urban management and law enforcement departments should strengthen cooperation and urge relevant institutions to handle business opening reports (information filing) or filing procedures in a timely manner.
(3) Strictly manage employees. Housing rental business institutions and real estate brokerage institutions shall strengthen the training of employees' policies and regulations, professional ethics and professional knowledge by themselves or by entrusting third parties. A real-name information card system for employees will be implemented. Real-name information cards will be distributed to housing rental agencies and real estate brokerage agencies by the municipal real estate brokerage industry association, and will be publicized by the agencies through online and offline business premises. When employees provide services such as intermediary agency, house purchasing and storage, customer reception, business consultation and contract signing and filing, they should take the initiative to show their real-name information cards to consumers.
Two, strengthen the management of rental housing information release.
(a) the real release of housing information. Housing rental agencies, real estate brokerage agencies and employees who publish housing information shall be responsible for the authenticity and validity of housing information. The published housing information shall indicate the information such as the organization, the store, the person responsible for maintenance, etc., including the location, use, area, pictures, price and other contents of the house, which meets the requirements of real entrustment, real situation and real price. The same institution and the same housing can only be published once on the same network information platform, and the housing information published by different channels should be consistent. Housing information that has been sold or revoked shall be revoked from various channels within 2 working days.
(two) the implementation of housing information verification. Real estate brokerage agencies and housing rental agencies engaged in decentralized agency leasing business shall verify the housing information through the municipal housing rental service platform before releasing the housing information, and obtain the verification code of the housing. Without obtaining the verification code of the house, the real estate brokerage agencies and house leasing agencies engaged in decentralized agency leasing business shall not release the corresponding house information. Steadily promote the verification of housing information of housing leasing institutions that concentrate on agency leasing business.
(3) Implementing the responsibilities of the network platform. In this city to carry out the network information platform of housing information publishing business, it shall report to the municipal housing management department, and establish a daily working mechanism, carefully verify the qualifications of the main body of housing information publishing and the necessary information of housing, accelerate the merger and display of the same housing information, and promptly revoke the completed or unmaintained housing information within 30 days. If the owner of the house publishes the house information by himself, he shall verify the identity of the publisher and the authenticity of the house. The release of housing information to institutions and employees shall be verified in accordance with the following requirements:
1. Housing rental agencies, unregistered real estate brokerage agencies and employees who have not obtained real-name information cards are not allowed to publish housing information;
2. Institutions that are included in the list of abnormal operations, the list of serious violations of law and dishonesty or the list of untrustworthy enforcers shall not release housing information;
3. Employees shall not publish the housing information rented or entrusted by the unit in the name of individuals;
4 units or individuals that do not have the corresponding business qualifications shall not release more than 65,438 sets (rooms) of sublease housing information at one time or cumulatively;
5. Shall not publish the listing information without obtaining the listing verification code as required, and the listing verification code shall be identified synchronously on the listing information display page.
(four) the dynamic supervision of the release of housing. Housing management, market supervision, network information and other departments should strengthen the dynamic monitoring of the behavior of housing information release on the network information platform, and require the network information platform to provide relevant housing rental data, and the network information platform should cooperate. For institutions and employees who publish housing information in violation of regulations, the housing management, market supervision and online information departments have the right to request the publishing entity and online information platform to delete relevant housing information. For publishers who do not have the qualification to publish or repeatedly publish listing information in violation of regulations, the network information platform should restrict or cancel their publishing authority, and the housing management department should suspend its listing verification, online signing and filing services according to law. For the network information platform that fails to fulfill the responsibility of verifying and publishing the main body and housing information, the network information department may, according to the opinions of the housing management and market supervision departments, take measures such as suspending related business and suspending business for rectification according to law.
Third, strengthen the management of online signing and filing of housing lease contracts.
(1) Strengthen online contract signing and filing. Housing rental activities within the administrative area of this Municipality shall be filed in accordance with the provisions of the contract. Housing leasing institutions and real estate brokerage institutions shall take the initiative to handle the user authentication of Shanghai public housing leasing service platform, obtain the operating authority of leasing platform users, and provide online contract signing and filing services for leasing parties in accordance with regulations. Housing rental business institutions can apply for housing information verification only after pushing the lease contract information signed with the lessor to the municipal housing rental public service platform for the record.
(two) the implementation of the contract model text. The online signing of the filing contract shall use the model contract text jointly formulated by the housing management and market supervision departments. Housing management and market supervision departments timely revised and improved the model text of the contract, and intensified publicity, supervision and inspection to guide the parties involved in housing leasing to standardize the use of the model text of the contract. Housing leasing institutions engaged in decentralized agency leasing business shall specify the expiration date, rent and deposit payment method of the contract in the contract signed with the lessee. Housing rental agencies and real estate brokerage agencies that adopt standard terms in the contract shall file with the market supervision and housing management departments.
(3) Improve the filing efficiency of online signing. Encourage housing leasing institutions and real estate brokerage institutions to connect their business systems with the municipal housing leasing service platform, and realize real-time online signing and filing of housing leasing contracts. Guide the parties involved in housing leasing to apply for online signing and filing of housing leasing contracts through various channels such as "one-network office" and "follow-up application" in this city, so as to realize "zero materials" and "zero running".
Four, strengthen the management of housing rental transaction services.
(a) standardize the rental service charges. Housing rental business institutions and real estate brokerage institutions shall clearly mark the price. Before charging, a list of fees should be issued, listing all service items, charging standards, charging amount and other contents, and signed by the parties for confirmation. Real estate brokerage institutions shall not earn housing rental price difference. If the lease contract expires and the lessee and lessor renew the lease contract, no commission shall be charged. When the term of the house lease contract expires or terminates in advance, the remaining rent, deposit, etc. In addition to offsetting the expenses specified in the contract, it shall be returned to the lessee within 30 days.
(two) standardize the rent payment cycle. The time limit for a housing leasing institution to collect rent from the lessee shall match the time limit for it to pay rent to the lessor. Housing leasing institutions shall not force or induce the lessee to pay the long-term rent for more than three months in the name of rent concessions. Housing management and market supervision departments should add special tips in the model contract text to remind the lessee of the risk of rent loss due to one-time payment of long-term rent.
(3) Standardize the business cooperation of institutions. When a house leasing agency entrusts a real estate brokerage agency to purchase and store houses and introduce customers, it shall sign a written agreement to stipulate the service content and charging method. Housing leasing institutions and real estate brokerage institutions shall disclose the list of cooperative institutions through their online and offline business premises and other channels. If a real estate brokerage institution cooperates with a housing leasing business institution, it shall verify the business qualification of the leasing institution through the municipal housing leasing service platform, and when providing intermediary services, prompt the leasing institution to sign an online contract for the lessor and the lessee respectively according to the regulations. Housing rental business institutions shall not use real estate brokers and employees to buy and store houses and acquire customers by private payment.
Five, strengthen the supervision of housing lease transaction funds
(1) Opening a fund supervision account. Housing rental institutions shall open the only housing rental fund supervision account in this Municipality in commercial banks registered in this Municipality, and the account shall not be withdrawn in cash, and shall not be changed in principle. The rent and deposit collected by the house leasing business organization shall be directly deposited into the supervision account by the lessee; The house leasing business institution shall pay the rent and deposit to the lessor of the house it purchased and stored, and pay it through the supervision account. Where a housing leasing institution establishes a subsidiary in this Municipality, the parent company and the subsidiary company shall open a separate supervision account. Housing rental business institutions and legal entities signed a lease contract, the contract has a clear agreement, the rent and deposit can not be included in the supervision funds.
(2) Signing an account supervision agreement. When signing an account supervision agreement with the undertaking bank, the housing leasing institution shall specify the contents, methods and processes of supervision, as well as the responsibilities and obligations of both parties. Housing rental business institutions shall clearly indicate the supervision account information in their business premises, information release channels and lease contracts. Explore the establishment of an early warning mechanism for the capital risk of housing leasing institutions.
(3) Strict requirements for receipt and payment of funds. If the lessee pays the rent for more than three months, it shall transfer the rent to the house leasing business institution on a monthly basis; If the lessee pays the rent for no more than three months, the housing leasing business institution and the undertaking bank shall agree to transfer it monthly or quarterly. Housing rental institutions pay rent and deposit to lessors who store and store houses, and the undertaking bank shall transfer them according to the contract between the institutions and lessors. Housing rental agencies collect the lessee's deposit, which can only be used to pay the deposit payable for the purchase and storage of houses. Actively promote the networking between the undertaking bank and the municipal housing rental public service platform, and enjoy the contract information of online signing and filing.
(4) Strictly control the rental loan business. Housing rental agencies that have not carried out personal "rental loan" business shall not add this business in principle. In accordance with the relevant provisions of this Municipality, the housing leasing institutions that have started the personal "rental loan" business should report the loan scale pressure drop plan to the municipal housing management department before the first quarter of 20021to ensure that the loan amount is adjusted to below 15% of the enterprise rental income before the end of 2022. If the housing lease contract is not signed online for the record, the financial institution may not handle the personal "rental loan" business for it. For the newly-added personal "rental loan" business, the financial institution will directly lend the money to the supervision account after consulting with the housing rental operating institution and the lessee.
Six, strengthen the safety management of rental housing.
Housing rental business institutions shall regularly check the houses and their allocated facilities and equipment to ensure that they are in a safe and available state, and prepare a manual for the use of houses, inform the lessee of the use of houses, facilities and equipment, and prompt matters needing attention in the safe use of fire fighting, electricity and gas. The house leasing institution shall, in the house leasing contract, agree with the lessee on the terms of checking the use of the house during the lease period, and urge the lessee to use the house and facilities safely. Housing rental agencies to transform or decorate rental housing shall obtain the written consent of the owner of the house, the materials and equipment used shall conform to the national and municipal standards, and the air quality standards after decoration shall conform to the relevant national standards, and shall not endanger the safety and health of the lessee.
The governments of all districts should keep the safety bottom line, strengthen the organization, make overall arrangements for the renovation of non-residential housing and rental housing projects within their respective jurisdictions, promote compliance renovation, urge non-compliant projects to formulate rectification plans, and clarify the rectification period. Gradually realize the full coverage and whole process supervision of reconstruction and transformation projects.
Seven, strengthen the construction of housing rental service platform.
(a) to speed up the docking "one network", to play the role of platform services. In accordance with the requirements of building the general portal of "One Netcom Office" in this city, we will speed up the docking of "One Netcom Office" and promote the upgrading of government services of the municipal housing rental public service platform. We will comprehensively promote online and offline leasing service process reengineering, data sharing, enterprise docking and business collaboration, and provide online one-stop services such as subject authentication, housing verification, information release, online signing and filing, and information inquiry for the masses and enterprises, so as to facilitate tenants to apply for basic public services and convenience, and build and improve the housing leasing service system of "one-network acceptance and collaborative handling" in this city.
(2) Accelerate the integration into the "unified management of one network" and play the role of platform supervision. In view of the whole process of housing rental activities, strengthen the data empowerment and practical application of municipal housing rental public service platform. The establishment of housing rental market entities (including housing rental business institutions, real estate brokerage institutions and employees) database, the establishment of housing rental database, the establishment of housing rental market monitoring system. City and district housing management departments shall, according to their respective authorities, rely on the housing rental platform to carry out daily supervision, monitoring and analysis. Benchmark the unified norms and standards for the construction of "one network unified management" in the city, gradually realize information linkage and management coordination with relevant management departments, districts and towns, and build and improve the application scenarios of monitoring and supervision of the housing rental market in this city.
(3) Accelerate the promotion of "social enjoyment" and give play to the propaganda role of the platform. Relying on the city housing rental public service platform, in accordance with the principle of "openness is openness", the following information is gradually collected and announced to the public:
1. National and municipal policies and regulations on house leasing, model contract texts and other information;
2. Basic information and credit information of the house leasing business organization, registered real estate brokerage institution and employees who have applied for real-name information cards;
3. The reported network information platform for publishing housing information;
4. Information such as housing lease risk early warning and dispute early warning;
5. Verification information of the house verification code;
6. Information on the terms and conditions of the contract format adopted by the house leasing agency and the real estate brokerage agency;
7. Business cooperation information between the house leasing agency and the real estate brokerage agency;
8 housing rental funds supervision account information and housing rental business institutions account supervision agreement standard text;
9 other information that is conducive to building a standardized and transparent housing rental market and standardizing market order.
Eight, severely crack down on the chaos in the housing rental market.
(1) Establish and improve the market chaos discovery mechanism. Relying on the "12345" hotline, the city promptly accepts all kinds of complaints and reports on house leasing. Give full play to the role of the Municipal Real Estate Brokerage Industry Association and the Consumer Rights Protection Committee, and actively accept complaints about house leasing. Give full play to the role of local town and community grids, implement the daily inspection requirements of grid supervisors, community comprehensive managers and property service enterprises, and timely discover and report violations involving housing rental agencies, real estate brokerage agencies and network information platforms. Housing management and public security population management departments should strengthen information sharing and business convergence, take the real population information of rental houses as the starting point, establish a long-term mechanism of "individual housing management", and effectively grasp the housing rental situation of various market entities.
(two) to establish and improve the industry dispute mediation mechanism. Housing rental agencies, real estate brokerage agencies and network information platforms shall establish a housing rental complaint handling mechanism, express the complaint channel information in the business premises, housing information display pages and lease contracts, and bear the main responsibility for resolving contradictions and disputes. City real estate brokerage industry association shall, in conjunction with the Consumer Rights Protection Committee, organize and mobilize social forces, establish a professional platform for mediation of housing rental disputes, urge institutions to properly handle contradictions and disputes with housing rental consumers, and guide consumers to protect their rights according to law.
(3) Establish and improve the complaint handling mechanism. According to the different situations of housing rental complaints, according to the principle of "legality, agreement and designation", give instructions to the corresponding urban management department or the town where the house is located for disposal. The relevant departments, units or towns, when accepting complaints and reports, shall make clues and promptly transfer them to the corresponding administrative departments if they find that they are suspected of violating the administrative regulations of other departments. Jurisdiction over disputes involving different functional departments in the same area shall be designated by the District Letters and Calls Office; Involving the same functional department in different regions, the municipal administrative department shall designate the jurisdiction.
(4) Establish and improve the territorial conflict resolution mechanism. Relevant departments and district governments should guide local streets, towns and villages, give full play to the role of people's mediation, administrative mediation, judicial mediation and industry mediation, and build a diversified governance pattern to resolve the contradiction of housing lease. If the improper operation of the housing rental business institution causes social risks, the district where the institution is registered shall, jointly with the public security and other relevant departments, strengthen the supervision of the involved institutions and key personnel, and urge the involved institutions to perform their main responsibilities. The streets and towns where the institutions involved in purchasing and storing houses are located should actively take measures to protect the legitimate rights and interests of the lessee, safeguard the legitimate rights and interests of the lessors of purchasing and storing houses, guide the leasers to negotiate rationally, safeguard their rights according to law and maintain social stability.
(five) establish and improve the administrative law enforcement linkage mechanism. All districts should concentrate on organizing forces to investigate and expose a number of typical cases that infringe on the interests of renters through the combination of joint law enforcement and professional law enforcement. Involved in violation of the state and the city's laws and regulations on housing leasing and real estate brokerage management, urban management law enforcement departments shall investigate and deal with them according to law; Involving the illegal issuance of personal "rental loans" and the illegal establishment of a fund pool, which affects the financial order, the financial supervision department will investigate and deal with it according to law; Involving unlicensed operation, illegal price, illegal advertising, monopoly agreement and abuse of market dominance, the market supervision department shall investigate and deal with it according to law; Involving violations of public security management, population management regulations and suspected contract fraud and other crimes, the public security organs shall investigate and deal with them according to law.
(six) establish and improve the industry credit supervision mechanism. The municipal housing management department shall, jointly with the municipal development and reform department, formulate measures for the management of credit evaluation of the main body of the housing rental market in this Municipality, and entrust the municipal real estate brokerage industry association to implement it. For the credit management of the main body and employees in the housing rental market, a scoring evaluation system is implemented, and the credit rating is evaluated according to its credit score. For market players and employees with bad credit, the housing management department can take measures such as interviewing and warning, suspending housing verification according to law, suspending online signing and filing, and issuing risk warnings, and order them to make rectification within a time limit. If the circumstances are serious and refuse to rectify, the corresponding housing verification, online signing and filing qualifications will be cancelled.
(seven) give full play to the supervision and guidance of public opinion. Relevant departments and districts should make full use of the Internet, television, newspapers, new media and other channels, strengthen publicity and reporting, and create a good public opinion environment for the housing rental market. Give full play to the guiding role of positive and negative models, sum up the promotion experience in time, regularly expose typical cases, issue risk warnings, strengthen the warning education for leasing parties, guide leasing parties to enhance their awareness of risk prevention, and gradually form a market environment of law-abiding, honest and rational leasing through formal channels and formal enterprises.
Nine, strengthen the housing lease management system.
(1) Strengthen institutional guarantee. Relying on the joint meeting of this Municipality to promote the healthy development of the real estate market, the departments of housing and urban construction, development and reform, public security, market supervision, financial supervision, housing management, urban management and law enforcement, and online information should establish a collaborative linkage mechanism, regularly analyze and judge the housing rental market situation, promote departmental information sharing, and form a joint force of supervision. City and district housing management departments should strengthen the establishment of housing rental management departments and the construction of management teams, enrich their work force, and undertake specific responsibilities for housing rental management and services.
(2) Clear departmental responsibilities. The housing management department is responsible for the daily supervision and management of housing leasing activities, promoting the construction and application of Shanghai public housing leasing service platform, organizing the credit evaluation of housing leasing industry, and guiding the real estate brokerage industry association to strengthen the self-discipline of housing leasing industry. Urban management law enforcement department is responsible for the administrative law enforcement of housing rental within the scope of urban management administrative law enforcement authority. The market supervision department is responsible for the registration of the main body of the housing rental market, which involves illegal price, illegal advertising, anti-unfair competition and anti-monopoly law enforcement, and supports the Consumer Protection Committee to carry out socialized housing rental services. The financial supervision department shall strengthen the supervision of the financial business of housing leasing and the supervision business of housing leasing funds. The network information department urges the network information platform to fulfill its main responsibility, review and manage network information as required, and guide and assist relevant departments to carry out online public opinion guidance. The public security department is responsible for doing a good job in public security management and population management involving housing leasing, and cracking down on criminal acts in housing leasing activities according to law. The development and reform department will publicize the credit status of the main body of the housing rental market through the credit China (Shanghai) website and other channels, and guide and assist the housing management department to punish the untrustworthy main body.
(3) Implementing territorial responsibility. Each district should refer to the municipal joint meeting system, establish a coordination mechanism for housing lease, incorporate housing lease management into comprehensive social governance and community grid management, coordinate and integrate relevant departments and local towns and other forces, promote "unified management of one network" based on regional reality, and build and improve a comprehensive management mechanism for housing lease. Towns and villages should take community party building as the guide, coordinate and deal with housing lease affairs and disputes within their jurisdiction, and do a good job in online signing and filing of housing lease contracts, comprehensive management of "group rent", security inspection of rental houses, mediation of housing lease disputes, and publicity of housing lease policies.
(4) Strengthen industry self-discipline. Encourage housing leasing business institutions, real estate brokerage institutions and network information platforms engaged in housing leasing related businesses to join the city real estate brokerage industry association and consciously accept industry self-discipline management. The association shall formulate professional norms, self-discipline conventions, professional ethics standards and dispute handling rules, organize vocational training and continuing education, issue real-name information cards for employees, formulate and publish violation lists, risk warnings and dispute warnings, and cooperate with the municipal housing management department to carry out specific work such as the establishment of industry credit information files, credit evaluation, credit information collection and publicity. The association shall guide the housing leasing business institutions to disclose the paid-in capital, housing scale, number of employees, financial status, cooperative units and other information that is conducive to consumers' choice, establish social confidence in the industry, and standardize the development of the industry.