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Article 1. The present Measures are formulated in order to establish and improve the urban subsidized housing system and to guarantee the basic housing needs of the families with the lowest income. Article 2. The people's governments of the localities shall establish the system of urban subsidized housing for families with the lowest income under the guidance of the unified policy of the state and according to the actualities of the economic and social developments of their respective localities. Article 3. As a principle of the urban subsidized housing for families with the lowest income, the guarantee shall meet the basic housing needs, and shall be reasonably fixed according to the finance strength and the resident housing conditions of the localities. As a general principle, the urban housing area guaranteed per person for the families with lowest income shall not exceed 60% of the average housing area per person of the local residents. Article 4. The families with the lowest income that have economic difficulty in housing and that meet the provisions of the people's governments of the cities and counties may apply for the urban subsidized housing for families with the lowest income. Article 5. The method of guarantee of urban subsidized housing for families with the lowest income shall mainly be granting of house renting subsidies, and be supported by house space guarantee and reducing of rents. The term "house renting subsidies" used herein refers to that the people's governments of the cities and counties grant subsidies to the applicants that meet the conditions, and the applicants rent houses on the market. The term "house space guarantee" used herein refers to that the people's governments of the cities and counties directly supply houses to the applicants that meet the conditions, and collect the rents according to the standard of rents for subsidized housing. The term "reducing of rents" refers to that the property entities, in accordance with the provisions of the local people's governments of the cities and counties, reduce or exempt the rents for the urban families with the lowest income that have rent pubic-owned houses. Article 6. The administrative department of construction under the State Council shall direct and supervise the work of urban subsidized housing for families with the lowest income of the whole country. The administrative departments of construction of the people's governments of the provinces and autonomous regions shall guide and supervise the work of urban subsidized housing for families with the lowest income of their respective administrative areas. The administrative departments of real estate of the people's governments of the cities and counties shall be in charge of the administration of the work of urban subsidized housing for families with the lowest income of their respective administrative areas. The departments of finance, civil affairs, land and resources, and taxation of the people's governments at various levels shall, according to their respective functions, be in charge of the relevant work of urban subsidized housing for families with the lowest income. Article 7. The conditions for entitlement and the level of guarantee of the urban subsidized housing for families with the lowest income shall be worked out by the administrative departments of real estate of the people's governments of the cities and counties, in conjunction with the relevant departments of finance, civil affairs, land and resources, and taxation, etc., and they shall be promulgated for implementation upon approval of the people's governments at the corresponding levels. The standard of rent of subsidized houses shall consist of two parts, namely, maintenance fee and administration fee. The standard of subsidies for house renting per square shall be calculated on the basis the balance between the market average rent and the standard of rent of subsidized houses. Article 8. As a general principle, the source of fund for urban subsidized housing for families with the lowest income shall mainly be arranged by finance budgets, and the fund may also be raised through various channels, including: (1) fund arranged by the fiscal budget of the city or county; (2) supplementary fund for urban subsidized housing drawn from the proceeds of housing accumulation fund pursuant to the provisions; (3) fund donated by the public; and (4) fund raised through other channels. Article 9. The fund for urban subsidized housing for families with the lowest income shall be managed through a special account, and be especially used for the granting of subsidies for house renting, purchase and construction, maintenance, and property management of subsidized houses, etc., and may not be used for any other purposes. Article 10. The source of subsidized houses for house space guarantee shall mainly include: (1) houses purchased with the fund of the government; (2) houses denoted by the public; (3) public-owned houses that have been emptied; (4) subsidized houses constructed with government fund; and (5) houses raised through other channels. Subsidized houses for house space guarantee shall mainly come from the purchase of existing old houses, and concentrated construction of subsidized houses shall be restricted. House space guarantee shall be provided to the families with special difficulties, such as those having orphaned, old, sick, and disabled members, etc, and to other families that badly need help. Article 11. The land for construction of new subsidized houses by the government shall be supplied through administrative allotment; the local people's governments at various levels shall grant preferential policy treatments in respect of administrative charges, etc.; and preferential tax treatments shall be granted pursuant to the provisions where the administrative departments of real estate of the local people's governments purchase old houses to be uses as subsidized houses, and with respect to the rents obtained from the subsidized houses of house space guarantee. Article 12. To apply for a subsidized house, the householder of a family with the lowest income shall file a written application pursuant to the prescribed procedures. Article 13. The administrative department of real estate of the people's government of the city or county shall finish the examination within 15 days from receiving the application. If the conditions are satisfied upon examination, a public announcement shall be made and the duration shall be 15 days. If there is no objection after the public announcement expires or the objection is overruled, the application shall be registered and a public announcement shall be made with respect to the result of registration. The relevant departments may verify the family income and housing status of the applicant by ways of on-spot investigation, visit of the neighbors, and demanding evidence by letters, etc. The applicant and the relevant entities, organizations or individuals shall accept the investigation and provide the relevant information faithfully. Article 14. Where there is no objection upon the pubic announcement of the registration or the objection is overruled, the property entity shall reduce or exempt the rents pursuant to the provisions if the family has applied for rents reduction and exemption; or the administrative department of real estate of the people's government of the city or county shall put the applicant family onto the waiting list if the family has applied for house renting subsidies or house space guarantee. The administrative department of real estate of the people's government of the city or county shall, pursuant to the sequence of waiting, grant rent subsidies or rent the house to the applicant, and shall publicize the result of the rent subsidies granted and the house rented. If the basic conditions of the applicant family have changed during the period of waiting, the applicant shall report to the relevant departments in good time; and if the conditions for application are no longer met upon examination, that applicant shall be taken out of the waiting list. Article 15. A family that is entitled to house renting subsidies determined by the administrative department of real estate of the people's government of the city or county may select the appropriate house according to its needs, and after reaching initial intention of renting with the lessor, report to the administrative department of real estate for examination; and only upon examination and consent of the said department, may the applicant conclude the contract of renting of subsidized house with the lessor; the administrative department of real estate shall grant house renting subsidies to that family pursuant to the prescribed standard, and directly pay the subsidies to the lessor to set off the rents. A family that is entitled to renting subsidized houses determined by the administrative department of real estate of the people's government of the city or county shall conclude the contract of renting subsidized house with the owner of the subsidized house. The lessee of a subsidized house shall pay the rents pursuant to the stipulations of the contract. Article 16. A family with the lowest income that enjoys subsidized housing shall, on an annual basis, report to the administrative department of real estate or the agency entrusted thereby the family income, number of members, and change of the housing conditions, etc. The administrative department of real estate shall, in conjunction with the relevant departments, review the reported information, and adjust the house renting subsidies or the house rented according to the result of the review. Where the family income has exceeded the prescribed income standard for more than 1 successive year, the family shall be disqualified for the guarantee of subsidized housing, the grant of house renting subsidies shall be stopped, or the subsidized house rented shall be withdrawn within a reasonable period, or the reduction of rents shall be stopped. The administrative department of real estate shall regularly verify the income and housing conditions of the families with the lowest income that enjoy subsidized housing. Article 17. If an applicant for subsidized housing has any objection with respect to the examination result, waiting result, or renting result made by the administrative department of real estate, that applicant may file an appeal with the people' s government at the corresponding level or with the administrative department of real estate of the next higher level. Article 18. If a family with the lowest income, in violation hereof, fails to faithfully report the family income, number of members, and the housing conditions when applying for subsidized housing, the administrative department of real estate shall disqualifies it for application; if the family has already obtained the benefits of subsidized housing through deceitful means, it shall be ordered to return the house renting subsidies already drawn, or to remove from the subsidized house and make up the balance between the market average rent and the standard rent of subsidized houses, or to make up the reduced rents, and may be imposed on a fine of less than 1,000 yuan concurrently if the circumstances are serious. Article 19. If the lessee enjoying subsidized housing commits any of the following acts, the administrative department of real estate shall take back the subsidized house rented to it, or stop the grant of house renting subsidies, or stop the reduction of rents: (1) lending or sub-renting the subsidized house it rented; (2) changing the usage of the house without authorization; or (3) not living in the subsidized house for more than 6 successive months. Article 20. If the functionary of the administrative department of real estate or any other relevant administrative departments, in violation hereof and by taking advantage of their office in the administration of subsidized housing, accept property or money or other benefits from others and fail to perform the duties of supervision and administration with respect to the approved subsidized houses, or fail to punish the illegal acts that have been found out, the offender shall be given administrative sanctions; and if a crime has been constituted, the offender shall be subject to criminal liabilities. Article 21. The present Measures shall come into force on March 1, 2004. The Measures for the Administration of Urban Subsidized Housing (Order No.70 of the Ministry of Construction) promulgated on April 22, 1999 shall be repealed at the same time. |
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