Regulations of Shanghai Municipality on Housing Leasing
Regulations of Shanghai Municipality on Housing Leasing
(November 23,2022)
No.139
(Adopted at the 46th Session of the Standing Committee of the 15th Shanghai Municipal People's Congress on November 23, 2022)
Chapter Ⅰ General Provisions
Article 1
With a view to regulating housing leasing activities, protecting the legitimate rights and interests of the parties to housing leasing, and promoting the healthy development of the housing leasing market, these Regulations are formulated in accordance with the Civil Code of People's Republic of China, the Law of the People's Republic of China on the Administration of the Urban Real Estate and other relevant laws and administrative rules, and in the light of the actual circumstances of this Municipality.
Article 2
These Regulations shall apply to the housing leasing and the supervision and administration of housing leasing within the administrative areas of this Municipality.
Article 3
This Municipality shall implement the important concept of “the city of the people”, uphold the principle that housing is for living in and not for speculation, cultivate and develop the housing leasing market, promote the formation of a housing leasing system with orderly management, standardized services and stable leasing relations, and accelerate the establishment of a housing system with diverse suppliers, multiple channels of support, and combination of purchase and leasing, so as to meet the multi-level housing needs of residents.
Article 4
This Municipality shall establish and improve a housing leasing governance mechanism in which the Municipality and its districts make overall plans, departments and regions are integrated at different levels, sub-districts and towns/townships are responsible, neighborhood committees and villagers’ committees provide assistance, and industries are self-disciplined, and it shall incorporate housing leasing activities into primary-level governance.
Article 5
The Municipal People’s Government shall strengthen its leadership over housing leasing in this Municipality, establish and develop a sound mechanism for discussion and coordination, study and decide on major issues of housing leasing and make overall plans for the deployment, coordination and promotion of the work related to housing leasing.
The district people’s governments shall take the responsibility for local housing leasing administration, establish a coordination and promotion mechanism for housing leasing, and promote the administration of housing leasing in their respective jurisdictions in an overall manner.
Article 6
The municipal administrative department of housing and urban-rural development shall be responsible for the comprehensive coordination of housing leasing in this Municipality.
The municipal housing administrative department shall be the competent administrative department of housing leasing in this Municipality. It shall be responsible for formulating relevant plans and policies for housing leasing, and exercise its duties of supervising and administering housing leasing, and administering housing leasing business and real estate brokerage. The district housing administrative departments shall be responsible for the specific supervision and administration of housing leasing under their respective jurisdictions, and guide the sub-district offices and town/township people’s governments to carry out work related to housing leasing.
The public security departments shall be responsible for the public security administration and population management in respect of housing leasing.
The market regulation department shall be responsible for the registration of market entities related to housing leasing, and investigating and punishing unfair competition, monopoly, and other illegal acts such as advertising, pricing, etc. related to housing leasing
The departments of development & reform, resources and planning, agriculture and rural areas, economy and informatization, finance, taxation, financial regulation, civil affairs, emergency management, urban management and law enforcement, education, human resources and social security, and cyberspace administration, as well as fire control and rescue institutions, shall conduct the related work in an effective manner in accordance with their respective duties.
Article 7
Sub-district offices and town/township people’s governments shall be responsible for the routine supervision and administration of housing leasing under their jurisdictions and guide the neighborhood committees and villagers’ committees to conduct the housing leasing work in an effective manner.
Neighborhood committees and villagers’ committees shall organize residents and villagers to carry out self-governing activities related to housing leasing in accordance with the law and assist sub-district offices and town/township people’s governments in conducting the housing leasing work in an effective manner.
Article 8
This Municipality shall, on the basis of overall consideration of population, industries, land and key development areas, focus on the rental needs of different groups, rationally plan the scale and structure of rental housing supply, and, in accordance with the principles of balancing employment and housing, attaching equal importance to new housing and existing housing, improving the layout and matching supply with demand, determine the development goals, main tasks and supporting measures for housing leasing, and include them in the housing development plan.
A separate plan for the supply of land for rental housing shall be made when the annual plan for the supply of residential land is being compiled.
Article 9
This Municipality shall increase the supply of rental housing through multiple channels by adding new State-owned construction land and utilizing existing State-owned construction land to build rental housing, allocating rental housing units in new commodity housing projects, converting existing non-residential housing stocks into rental housing, building rental housing on collective construction land, and renting out vacant housing units.
Article 10
The municipal and district people’s governments and their relevant departments shall improve related policies and measures for housing leasing, further institutional innovation, strengthen the overall planning of resources, and make comprehensive use of the planning, land, fiscal, taxation, and financial policies, so as to increase the support for housing leasing.
Article 11
This Municipality shall, based on the platforms of “Government Online-Offline Shanghai” and “Integrated Online Administration”, and in accordance with the principle of coordinating service and management, establish and improve a citywide unified public service platform for housing leasing (hereinafter referred to as “housing leasing platform”), make full use of information technology, promote data sharing, develop innovative service modes and enhance management efficiency.
Article 12
The relevant industry organizations of housing leasing shall strengthen industry self-discipline, formulate service standards, codes of conduct and self-discipline criteria for housing leasing, carry out vocational training and evaluation, improve industrial mediation of housing leasing disputes, promote legal and fair competition and honest operation of enterprises, and guide them to constantly improve their service quality and level.
Article 13
This Municipality shall establish and improve a mechanism for diversified resolution of conflicts and disputes over housing leasing, comprehensively utilize people’s mediation, industrial mediation, administrative mediation and judicial mediation, take coordinated measures to mediate conflicts and disputes over housing leasing, and resolve them in a timely and proper manner. The relevant departments shall provide support and guidance for the mediation of conflicts and disputes over housing leasing in accordance with the law.
Chapter II Granting and Acquisition of Leases
Article 14
The parties to a lease shall abide by the provisions of the Civil Code of the People’s Republic of China and other laws, rules and regulations, and voluntarily fulfill their statutory and contractual obligations in accordance with the principles of equality, free will, fairness and good faith.
Article 15
The leased housing shall comply with the following provisions:
1.The housing shall meet the national and municipal standards and requirements for construction, fire control, public security, disaster prevention, health, environmental protection, etc.;
2.There shall be necessary living conditions such as water and electricity supply;
3.The minimum rental unit of the housing shall be a room originally designed or rebuilt with the approval of the relevant department;
4. Kitchens, bathrooms, balconies, storage rooms and other non-residential spaces shall not be rented out separately for dwelling;
5. The number of residents in each room and the per capita living space shall conform to the relevant provisions of this Municipality; and
6. Other provisions of laws, rules and regulations.
It is prohibited to use the housing for group-oriented leasing in violation of Items 3 to 5 of the preceding Paragraph.
It is prohibited to rent out illegally-built housing, housing whose nature of use has changed without authorization, and other housing that are not allowed to be rented out according to law.
Article 16
The lessor and the lessee shall conclude a housing leasing contract in accordance with the law. The lessor and the lessee are encouraged to sign a housing leasing contract online via a housing leasing platform.
The housing leasing contract shall generally include the following contents:
1. the identity information and contact information of the lessor, the lessee and the persons living with the lessee;
2. the requirements for adding persons to live with the lessee;
3. the basic information about the housing unit and the conditions of its auxiliary facilities and equipment;
4. the purpose of leasing the housing unit, the requirements for the use of the unit and the responsibility for maintenance;
5. the term of the lease and the date of delivery of the housing unit;
6. the amount, mode of payment, and time of payment of the rent and the deposit;
7. the method of bearing the expenses of property management service, water, electricity, heat, gas, etc.;
8. the liability for breach of contract and ways of dispute resolution; and
9. other contents agreed upon by the parties to the lease.
The municipal housing administrative department shall, jointly with the municipal market regulation department, formulate and improve the model text of housing leasing contract.
Parties to a lease are encouraged to enter into a long-term housing leasing contract and establish stable leasing relationships.
Article 17
The lessor shall, within 30 days of the conclusion of the housing leasing contract, register and file with the district housing administrative department. The registration and filing may also be handled through the community affairs service agency or a housing leasing platform. Where there is any change in the contents of the registration and filing, the lessor shall go through the modification procedures within 30 days of the modification.
The housing leasing contract, identity certificates, housing ownership certificate and other materials shall be submitted for registration and filing; no false materials shall be submitted. No unit or individual shall produce false proofs for the purpose of the registration and filing.
Article 18
The lessor shall conform to the following provisions:
1.presenting to the lessee the identity certificates and housing ownership certificate;
2.noting lease the housing unit to any natural person, legal person or unincorporated organization without identity certificates;
3. being responsible for the safety of the leased housing unit and the facilities and equipment provided therein, informing the lessee of the safety cautions about the housing unit, and agreeing with the lessee to conduct safety inspection;
4. reporting to relevant departments in a timely manner if the lessee is found to have acted in violation of laws, rules or regulations in the housing unit, and cooperating with the relevant departments in investigating and stopping such acts and meting out punishments;
5. not forcing the lessee to alter or rescind the housing leasing contract or take back the rental housing in advance by cutting off the supply of water, electricity, heating, gas, or other means to intentionally lower the service standards, or by violence, threats, or other illegal means; and
6. other provisions of laws, rules and regulations.
Article 19
The lessee shall conform to the following provisions:
1.presenting to the lessor the identity certificates of the lessee and the persons living together;
2. using the housing unit, facilities and equipment in a reasonable and safe manner, and not changing the purpose or structure of the housing unit without authorization or carrying out illegal construction;
3. obtaining the consent of the lessor for renovating the housing unit or adding facilities and equipment;
4. abiding by the administrative stipulations or the village rules and villagers’ agreements, and not infringing upon the legitimate rights and interests of the neighboring right holder; and
5. other provisions of laws, regulations and rules.
Article 20
The lessor and the lessee are encouraged to insure for property insurance and personal accident insurance for housing leasing.
Chapter III Housing Leasing Business
Article 21
Housing leasing enterprises and real estate brokerage agencies shall register as market entities in accordance with the law. Their business scope shall be marked “housing leasing” or “real estate brokerage”.
Individuals who sublease a certain number of housing units for profits and engage in housing leasing business activities shall register as market entities in accordance with the law. The specific provisions shall be jointly formulated by the municipal housing administrative department and the municipal market regulation department.
Article 22
Housing leasing enterprises and real estate brokerage agencies shall, within 30 days from the date of receiving their business license, file with the district housing administrative department for record.
Housing leasing enterprises and real estate brokerage agencies shall have self-owned funds, professional personnel, management system and risk prevention and control capabilities commensurate with their scale of operation.
Article 23
This Municipality shall adopt a real-name employment system for employees of housing leasing enterprises and real estate brokerage agencies.
Housing leasing enterprises and real estate brokerage agencies shall equip their employees with employment information cards. Employees can practice only on the strength of such cards, and shall indicate their card numbers on the housing leasing contracts and real estate brokerage contracts under which they provide services.
The content and design of the employment information cards shall be uniformly stipulated by the municipal housing administrative department.
Housing leasing enterprises and real estate brokerage agencies shall strengthen the management of their employees, supervising and urging them for honest and normative practice.
Article 24
Housing leasing enterprises and real estate brokerage agencies, when publicly releasing housing information, shall verify housing ownership certificates and basic housing conditions to ensure that the housing information is true and valid, and shall not release false housing information. Once a housing unit is leased, the corresponding housing information shall be revoked in time.
Housing leasing enterprises and real estate brokerage agencies, when releasing housing information through online information platforms, shall also indicate their filing information and their employee information.
Article 25
Before housing information is released through online information platforms, online information platform operators shall require information publishers to submit such information as identity, address, contact information and housing verification. If the information publisher is a housing leasing enterprise or a real estate brokerage agency, its filing information and employee information shall also be submitted.
Online information platform operators shall verify the materials submitted by information publishers, establish an archive and keep it for no less than three years.
Online information platform operators may accept the entrustment of information publishers to conduct housing on behalf of the latter.
Article 26
Where online information platform operators know or should have known that information publishers have provided false materials or released false information, they shall take necessary measures such as deleting or blocking the relevant information in a timely manner; those who fail to take necessary measures shall, in accordance with law, bear joint and several liability with the information publishers.
Where information publishers have been subject to three or more administrative penalties within two years for illegally releasing housing information, or are under business suspension for rectification, online information platform operators shall, in accordance with law, restrict them from releasing housing information within a certain period of time.
Article 27
Before entering into a housing leasing contract or a real estate brokerage contract, a housing leasing enterprise or real estate brokerage agency shall truthfully state the housing conditions and inform the lessee in writing of the factors that may affect the use of the rental housing and matters of safe use.
Article 28
When housing leasing enterprises lease housing units, they shall complete online contract signing, registration and filing through housing leasing platforms.
Where the parties to a lease enter into a housing leasing contract through a real estate brokerage agency, this agency shall be responsible to complete the online contract signing, registration and filing through a housing leasing platform.
Article 29
A housing leasing enterprise that rents an individual’s housing for subleasing business shall, in accordance with the provisions, open a special fund supervision account for housing rental transactions with a commercial bank and publicize it on a housing leasing platform.
The part of a lump-sum rent exceeding three months’ rent and the part of the deposit exceeding one month’s rent, charged by a housing leasing enterprise from the lessee shall be deposited into the special fund supervision account for housing rental transactions.
The specific provisions on the supervision and control of housing rental transaction funds shall be jointly formulated by the municipal housing administrative department and the financial administrative department.
Article 30
Housing leasing enterprises and real estate brokerage agencies shall not commit any of the following acts:
1. fabricating or spreading information about price increases to bid up the prices;
2. soliciting business by concealment, fraud, coercion, bribery and other improper means, or inducing or forcing consumers to make transactions;
3. divulging or improperly handling the personal information or trade secrets of the parties to a lease.
4. abusing their dominant market position to attach unreasonable trading conditions to the transactions;
5. embezzling or misappropriating funds for housing rental transactions; or
6. other acts prohibited by laws, rules and regulations.
Real estate brokerage agencies shall not conceal real estate transaction information to benefit from the different rents, or provide brokerage services for housing that is prohibited from leasing or subleasing.
Chapter IV Government-Subsidized Rental Housing
Article 31
In accordance with the principles of government guidance and market operation, this Municipality shall accelerate the development of government-subsidized rental housing and expand the supply of government-subsidized rental housing characterized by supply-demand matching, stable tenancy term, preferential rent and supporting public services so as to effectively alleviate the housing demand of specific groups and give full play to the demonstrating and leading role of government-subsidized rental housing in the housing rental market.
Article 32
The municipal housing and urban-rural development administrative department and the municipal housing administrative department shall, in conjunction with the municipal planning and resources department, formulate a special plan for government-subsidized rental housing of this Municipality, specifying the development goals and scale, spatial layout, channels for gathering housing resources, construction requirements, safeguard measures, etc.
Government-subsidized rental housing shall be mainly distributed in such areas with concentrated rental demand, convenient production and living conditions, and convenient transportation means as new towns and other population-inflow areas, university parks, industrial and commercial agglomeration areas, and the areas around rail transit stations.
The conversion of non-residential housing, like commercial offices, hotels, factories, warehouses, and scientific research and education buildings, into government-subsidized rental housing shall be carried out in accordance with the relevant provisions of the State and this Municipality.
Article 33
In light of different levels of demand, this Municipality shall construct government-subsidized rental housing of residential and dormitory types, of which the residential type shall mainly be small-sized.
Government-subsidized rental housing shall be fully decorated with necessary basic living facilities, the demand of lessees be taken into full consideration, facilities for public and commercial services be rationally allocated, and public activity space and shared space be appropriately expanded.
Article 34
This Municipality shall strengthen the management of government-subsidized rental housing, reasonably set up the access conditions and exit mechanism, optimize the procedure of application review, perfect the rules for rental housing use, and realize a whole-process management of access, use and exit through housing leasing platforms.
Article 35
The following provisions shall be observed for leasing government-subsidized rental housing:
1. The applicant shall submit application materials in accordance with relevant provisions of this Municipality, and shall not submit any false materials;
2. Upon the termination of the leasing contract, the lessee shall return the housing unit to the lessor in a timely manner; and
3. Subleasing or lending of government-subsidized rental housing is prohibited.
No unit or individual shall provide false proofs to the applicant of government-subsidized rental housing.
Article 36
The lessor of a government-subsidized rental housing unit shall, in accordance with prescribed procedures, lease the government-subsidized rental housing unit to an applicant who meets the access conditions.
Government-subsidized rental housing shall not be sold directly or in any disguised form.
Article 37
The lessor of government-subsidized rental housing shall fix a rental price lower than the rent of the market rental housing of the same location and quality, file it with the district housing administrative department for record and make it known to the public. The rental price of government-subsidized rental housing listed in a government pricing catalog shall conform to the relevant provisions of this Municipality.
The rent of government-subsidized rental housing shall not exceed the filed rental price, and shall be charged monthly or quarterly; the charged deposit shall not exceed one month’s rent.
Unless otherwise requested by the lessee, the leasing term of government-subsidized rental housing shall not be less than one year. At the expiration of the leasing term, if the lessee meets the prescribed conditions and applies to renew the lease, the lease shall be renewed.
Article 38
This Municipality shall support the use of relevant funds drawn from the housing provident fund for the construction and supply of relevant government-subsidized rental housing in accordance with the relevant provisions of the State and this Municipality.
Chapter V Service and Supervision
Article 39
The municipal housing administrative department shall, through housing leasing platforms, provide parties to a lease with such services as housing verification, information inquiry, online contract signing, registration and filing, and open its data interfaces to housing leasing enterprises, real estate brokerage agencies and online information platforms to facilitate their mass-handling of relevant business. No separate registration and filing shall be required for those who have signed online contracts through housing leasing platforms.
The municipal housing administrative department shall rely on housing leasing platforms to establish a mechanism for data sharing and business coordination with the departments of public security, market regulation, agriculture and rural areas, financial supervision, civil affairs, urban management and law enforcement, education, human resources and social security, housing provident fund, etc., and provide relevant information services for sub-district offices and town/township people’s governments to carry out routine supervision and management of housing leasing.
Departments concerned shall take necessary measures to protect the safety of data and information and keep strictly confidential the personal information, privacy and trade secrets contained therein, and shall not divulge, sell, or illegally provide them to others.
Article 40
In accordance with relevant provisions, lessees shall enjoy basic public services and convenience according to law.
The lessee who has completed the housing leasing registration and filing may be exempted from submitting the housing leasing contract when handling residential registration, household registration, children’s enrollment, provident fund withdrawal and other public services that require a housing leasing contract.
Article 41
The housing administrative department and the public security department shall strengthen cooperation to promote coordinated collection and sharing of the information of housing leasing and actual population, and provide integrated and convenient services for parties to a lease to undergo the registration and filing, residential registration and other matters.
Article 42
Units and individuals related to housing leasing shall enjoy reduction or exemption of administrative charges and preferential tax policies according to law.
Article 43
Commercial banks are encouraged to provide credit products and services with matching maturities, appropriate interest rates, controllable risks and commercial sustainability for the construction and operation of rental housing.
Qualified housing leasing enterprises shall be supported to issue corporate credit bonds, guaranteed bonds, asset-backed securities, real estate investment trusts, etc., specifically for the construction and operation of rental housing.
Article 44
Sub-district offices, and town/township people’s governments shall cooperate with relevant departments to establish a joint service and interaction mechanism for housing rental, give play to the role of grid management, and carry out routine work such as safety inspection of rental housing, population information collection, safety hazard rectification and policy publicity. The relevant departments of housing administration, public security, civil affairs, and urban management and law enforcement shall strengthen guidance and provide support and services.
Sub-district offices, and town/township people’s governments shall regularly organize investigations into hidden dangers such as illegal construction of rental housing, group-oriented leasing and unauthorized change of the structure and planned use of commercial offices and factory buildings. Upon finding a violation of law, they shall urge remediation against it, promptly initiate law enforcement procedures according to law, and carry out rectifications through joint law enforcement and other means when necessary.
Illegal acts of unauthorizedly changing the structure and planned use of commercial offices and factory buildings, where there are lessees still residing in such offices and buildings during the rectification period, shall be brought under primary-level governance.
Article 45
This Municipality shall establish and improve a working mechanism with the Party organizations of villages and residential areas as the core of leadership, and with neighborhood or villagers’ committees, property owners’ committees and property management service enterprises together as participants. Such means as the formulation of residents’ conventions, village rules, villagers’ agreements, and management regulations shall be advocated to jointly promote the formation of a pattern of co-construction, joint governance and shared benefits in respect of housing leasing.
Article 46
Where houses on rural residential land are rent for dwelling, the rural collective economic organization is encouraged to guide villagers by itself or through cooperation with a housing leasing enterprise to rent in a uniform manner and implement unified management.
Article 47
Where housing units are leased out in a centralized manner for others to live in, and the number of leased rooms or the number of lessees reaches the prescribed number, the lessor shall establish a management system, specify the managerial personnel, fulfill the responsibility for safety management, prepare an information registration book or establish a registration system, and submit the relevant registration information to the public security department. The specific provisions shall be formulated by the municipal public security department in conjunction with the departments and institutions of housing and urban-rural housing development administration, housing administration, fire control and rescue, etc.
Article 48
The municipal housing administrative department shall establish a monitoring mechanism for housing rental prices to conduct the relevant early warning work in an effective manner. When housing rents rise significantly or are likely to rise significantly, such price intervention measures as filing of price rises or setting limits on rents or rent rises may be taken according to law to stabilize the rent level.
The lessor shall execute the price intervention measures adopted according to law; if the lessor refuses to execute such measures, it shall be dealt with by the market regulation department according to law.
Article 49
The Municipality shall establish and improve the mechanism of incentives for honesty and punishments for dishonesty in housing leasing, and the credit information of lessors, lessees, housing leasing enterprises, real estate brokerage agencies and their employees shall be collected into the municipal public credit information service platform according to law.
Market entities and individuals with dishonesty behaviors shall be restricted according to law in the aspects of financial support, project bidding, financing credit granting, and relevant rewards.
Housing leasing related industry organizations shall be supported to carry out credit rating classification and credit evaluation of housing leasing enterprises, real estate brokerage agencies and their employees.
Article 50
When such emergencies as natural disasters, accidents or public health events occur, sub-district offices, and town/township people’s governments shall include the lessees and the people living with them in the supply scope of basic necessities of life to ensure their basic livelihood. Such departments as district emergency management, housing administration, and public health shall provide guidance.
Chapter VI Legal Liability
Article 51
If any other law or administrative rule already provides for handling acts violating the provisions of these Regulations, such a law or administrative rule shall prevail.
If a party violates the provisions of these Regulations, his/her illegal gains shall be confiscated in accordance with the provisions of the Law of the People’s Republic of China on Administrative Penalty, other than those that should be returned for compensation according to law.
Article 52
Where, in violation of the provisions of Paragraph 2 or 3 of Article 15 of these Regulations, a rental housing unit does not conform to the relevant provisions, the district housing administrative department shall order corrections within a time limit and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan; in case of failure to make the corrections within the time limit, the department shall impose a fine of no less than 50,000 yuan but no more than 200,000 yuan.
Article 53
Where, in violation of the provisions of Paragraph 1 of Article 17, or Article 28 of these Regulations, any housing leasing enterprise or real estate brokerage agency fails to undergo registration and filing procedures, the district housing administrative department shall order corrections within a time limit and may impose a fine of not less than 1,000 yuan but not more than 5,000 yuan; in case of failure to make the corrections within the time limit, the department shall impose a fine of not less than 5,000 yuan but not more than 20,000 yuan.
Article 54
Where, in violation of the provisions of Paragraph 2 of Article 17, Item 1 of Paragraph 1 of Article 35, or Paragraph 2 of Article 35 of these Regulations, any party submits false materials or issues false certificates, the district housing administrative department shall order corrections within a time limit and impose a fine of not less than 5,000 yuan but not more than 20,000 yuan, and may suspend the online contract signing services of the housing leasing enterprises and real estate brokerage agencies; in the case of those who have rented government-subsidized rental housing units, the department shall order them to vacate the housing units within a time limit, make up the rent according to the market price, and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan.
Article 55
Where, in violation of the provisions of Paragraph 1 of Article 22 of these Regulations, housing leasing enterprises or real estate brokerage agencies fail to file as required, the district housing administrative department shall order corrections within a time limit and may impose a fine of not less than 1,000 yuan but not more than 5,000 yuan; in the case of those who fail to make the corrections within the time limit, the department shall impose a fine of not less than 5,000 yuan but not more than 20,000 yuan.
Where, in violation of Paragraph 2 of Article 23 of these Regulations, housing leasing enterprises or real estate brokerage agencies fail to equip their employees with employment information cards, the district housing administrative department shall order corrections within a time limit; in the case of those who fail to make the corrections within the time limit, the department shall impose a fine of not less than 1,000 yuan but not more than 10,000 yuan.
Article 56
Where, in violation of the provisions of Paragraph 1 of Article 25 of these Regulations, an online information platform operator fails to require the information publishers to submit the housing inspection information, the district administrative housing department shall order corrections within a time limit and impose a fine of not less than 1,000 yuan but not more than 5,000 yuan; in the case of those who fail to make the corrections within the time limit, the department shall impose a fine of not less than 5,000 yuan but not more than 20,000 yuan. If the circumstances are serious, the cyberspace administration department may take such measures as suspending their relevant business or closing down their business for rectifications.
Where, in violation of the provisions of Paragraph 2 of Article 25 or Paragraph 2 of Article 26 of these Regulations, an online information platform operator fails to establish and keep archives, or fails to take measures to restrict the release of information, the housing administrative department shall handle such a case in accordance with the relevant provisions of the E-commerce Law of the People’s Republic of China.
Article 57
Where, in violation of the provisions of Article 29 of these Regulations, housing leasing enterprises fail to open a special fund supervision account for housing leasing transactions or fail to deposit funds into the special fund supervision account, the district housing administrative department shall order corrections within a time limit and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan; in the case of those who fail to make the corrections within the time limit, the department shall impose a fine of not less than 50,000 yuan but not more than 200,000 yuan.
Article 58
Where people, in violation of the provisions of Item 5 of Paragraph 1, or Paragraph 2 of Article 30 of these Regulations, embezzle or misappropriate funds for housing leasing transactions or provide brokerage services for housing prohibited from leasing or subleasing, the district housing administrative department shall order corrections within a time limit, suspend their online contract signing services and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan. On the relevant responsible persons, the department may impose a fine of not less than 5,000 yuan but not more than 30,000 yuan.
Article 59
Where, in violation of the provisions of Item 2 of Paragraph 1 of Article 35 of these Regulations, the lessee fails to return the housing unit in time, the district housing administrative department shall order corrections within a time limit; in the case of those who fail to make the corrections within the time limit, the department shall impose a fine of no less than 10,000 yuan but no more than 50,000 yuan.
Where, in violation of the provisions of Item 3 of Paragraph 1 of Article 35 of these Regulations, the lessee subleases or lends the government-subsidized rental housing, the district housing administrative department shall order corrections within a time limit, impose a fine of not less than 10,000 yuan but not more than 50,000 yuan, and prohibit him/her from applying for any type of government-subsidized housing in this Municipality again within five years.
Article 60
Where people, in violation the provisions of Paragraph 1 of Article 36 of these Regulations, rent out government-subsidized rental housing without meeting the requirements, the district housing administrative department shall order corrections within a time limit and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan; in the case of those who fail to make the corrections within the time limit, the department shall impose a fine of not less than 100,000 yuan but not more than 500,000 yuan.
Where people, in violation the provisions of Paragraph 2 of Article 36 of these Regulations, sell government-subsidized rental housing units directly or in a disguised form, the district housing administrative department shall order corrections within a time limit and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan; in the case of those who fail to make the corrections within the time limit, the department shall impose a fine of not less than 500,000 yuan but not more than 1 million yuan.
Article 61
Where people, in violation of the provisions of Paragraph 1 of Article 37 of these Regulations, fail to file the rental price as required, the district housing administrative department shall order corrections within a time limit and impose a fine of no less than 10,000 yuan but no more than 50,000 yuan; in the case of those who fail to make the corrections within the time limit, the department shall impose a fine of not less than 50,000 yuan but not more than 200,000 yuan.
Where people, in violation of the provisions of Paragraph 2 of Article 37 of these Regulations, charge rents or deposits that do not meet the requirements, the district housing administrative department shall order corrections within a time limit and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan.
Article 62
Where, in violation of the provisions of Article 47 of these Regulations, the lessor fails to perform the relevant responsibility of safety management, the public security department shall order corrections within a time limit and may impose a fine of not less than 10,000 yuan but not more than 30,000 yuan; if serious consequences are caused, a fine of not less than 30,000 yuan but not more than 100,000 yuan shall be imposed.
Article 63
The power of administrative penalty and the relevant power of administrative inspection and administrative coercion that shall be exercised by the housing administrative departments according to these Regulations will be implemented by the urban management and law enforcement departments, sub-district offices and town/township people’s governments according to law.
Article 64
Where, in violation of the provisions of these Regulations, the relevant departments and their staff commit acts of abuse of power, neglect of duty, or favoritism and malpractice for personal gains, the persons directly in charge and other persons directly responsible shall be given sanctions according to law; if the case constitutes a crime, the criminal responsibility shall be pursued according to law.
Chapter VII Supplementary Provisions
Article 65
The administrative procedures for public housing leasing shall be formulated separately by the Municipal People’s Government.
Article 66
These Regulations shall be effective as of February 1, 2023. The Regulations of Shanghai Municipality on Housing Leasing adopted at the 15th Session of the Standing Committee of the 11th Shanghai People’s Congress on December 27, 1999 shall be abolished at the same time.