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In order to maintain the fair use of public rental housing (hereinafter referred to as "public rental housing"), ensure the reasonable allocation of public housing resources, and maintain the order of the real estate market in our city, the Shenzhen Real Estate Agency Association recently issued a "Solemn Reminder on Strictly Prohibiting Participation in Illegal Subletting and Lending of Public Rental Housing".

It is reported that the reminder puts forward three requirements for various real estate information publishing platforms, real estate intermediary agencies, and practitioners: First, strictly abide by national laws, regulations and policies, and strictly prohibit providing any form of brokerage services such as leasing, subletting, and selling for public rental housing, or assisting or participating in the subletting, lending, and other illegal activities of such properties; Second, real estate intermediary agencies and practitioners shall not publish any information about the subletting and lending of public rental housing, and real estate information publishing platforms shall not list any information about public rental housing sources; Third, various real estate information publishing platforms, real estate intermediary agencies, and practitioners must attach great importance to and conduct self-inspection and self-correction, strictly manage the corresponding internal business, check whether the above-mentioned phenomena exist, and promptly correct the relevant illegal and irregular activities.

The notice also mentioned that any violation found during consumer complaints or market inspections will be immediately reported to the administrative department for investigation and punishment in accordance with the law. At the same time, the Shenzhen Real Estate Agency Association will also conduct self-discipline and punishment in accordance with the "Shenzhen Real Estate Agency Industry Practice Standards" and other regulations. Those who are serious will be included in the industry blacklist and notified to the industry and beyond.

As for illegal activities such as subletting public rental housing, the Housing and Urban-Rural Development Bureau has long expressed a "zero tolerance" attitude.

According to the "Happy Futian" public account, on December 26, 2019, the property management office provided feedback that some residents were suspected of illegally subletting or lending public housing. The Futian District Housing and Construction Bureau responded quickly, conducted an investigation and verification as soon as possible, and quickly filed a case on December 27, 2019. It also rigorously and carefully carried out a series of case review work, including on-site investigations, interrogation records, collective discussions, and legal reviews.

According to the investigation results, the Futian District Housing and Construction Bureau decided to impose administrative penalties on the illegal residents, impose a fine of 50,000 yuan, confiscate illegal gains, and clear out the public housing involved, cancel the resident's security qualification, and record the subletting behavior in the negative information file. The resident is not allowed to apply for housing security again within 5 years. So what are the specific management measures for illegal subletting and lending of public rental housing in Shenzhen? What kind of punishment will be received if the violation occurs?

focus

Can I lend the public rental housing I rent to relatives and friends?

According to the Shenzhen Housing and Construction Bureau, on the afternoon of June 27, 2024, the Shenzhen Housing and Construction Bureau held an online interview on the theme of "Post-rental Supervision of Affordable Housing". The interview provided online answers to questions and doubts raised by netizens regarding post-rental supervision of affordable housing.

In response to a question from a netizen, "Can I lend the public rental housing I rent to relatives and friends?", the relevant person in charge of the Shenzhen Housing Security Bureau clearly pointed out that according to Article 45 of the Shenzhen Affordable Housing Regulations and Article 32 of the Shenzhen Public Rental Housing Management Measures, tenants are not allowed to sublet, exchange or lend public rental housing without authorization.

In addition, according to Article 41 of the "Shenzhen Public Rental Housing Management Measures", if the lessee illegally sublets the public rental housing, the competent department shall order the lessee to make corrections within a time limit. If the corrections are not made within the time limit, a fine of 10,000 yuan shall be imposed; if the circumstances are serious, a fine of 50,000 yuan shall be imposed; if there is any illegal income, it shall be confiscated according to law. At the same time, the property rights unit or the operation and management unit may recover the public rental housing in accordance with the law. If the lessee's contract is terminated, the competent department shall not accept the lessee's housing security application within 5 years from the date of termination of the lease contract.

Can intermediaries provide public housing rental brokerage services?

In response to a question raised by netizens, "Can real estate agents provide rental brokerage services for public rental housing?", the relevant person in charge of the Shenzhen Housing Security Bureau clearly pointed out that according to Article 35 of the "Shenzhen Public Rental Housing Management Measures", real estate brokerage agencies and brokers are not allowed to provide rental brokerage services for public rental housing.

Violators will be punished according to Article 43 of the "Regulations on the Management of Public Rental Housing in Shenzhen". If real estate brokerage agencies and brokers provide public rental housing rental brokerage services in violation of regulations, the competent department will order them to correct the violations within a time limit and record them in the real estate brokerage credit file; real estate brokers will be fined 10,000 yuan; real estate brokerage agencies will have their online signing rights suspended and be fined 30,000 yuan.

The Shenzhen Housing Security Bureau also mentioned that if citizens find any illegal leasing or use of public rental housing, if the housing is allocated by the municipality, they can call the Shenzhen Housing Security Bureau's external consultation service hotline (88631666) to complain or report. If the housing is allocated by the district housing security department, they can complain or report to the district housing security department.

Written by: Sun Yang, a reporter from Nandu Wancaishe