The difference between public rental housing and rental housing, and the difference between public h

There are generally two forms of low-rent housing, one is to pay low rent to households with housing difficulties after they are built, and the other is to issue rent subsidies to households with housing difficulties by **, and they rent social houses to live. Low-rent housing has a specific supply object, and if it meets the conditions for low-rent housing, it can be purchased, rented and supplemented only after the person (family) submits an application to **, and after verification and approval by the relevant departments. There is no inheritance right in low-rent housing.

Public rental housing: It is a product that solves the housing difficulties of sandwich groups such as newly employed workers. Public rental housing is not owned by individuals, but by ** or public institutions, and is rented to newly employed workers, including some new university graduates, and some groups who have migrated to the city from other places to work at a lower than market price or at a price that the tenant can afford.

Public rental housing is low-rent housing, and the house belonging to the ** department is only a cheap rental, and the rental house can only be rented and cannot be bought and sold, which is the difference between the two.

Obviously, public rental housing is a unit or ** house, which is directly assigned to you to move in, pay monthly rent, but the rent is very cheap. Rental housing, which is generally rented out by individuals, will be much higher than that of public rental housing.

Low attack speed double cost. After how many years you live in public rental housing, the house will belong to you for the number of years stipulated by the state, and the rental house is ** high, and the monthly rent is high. It doesn't belong to you for how many years you live. Property that does not belong to you.

1. The rights are qualitatively different.

Public rental housing and low-rent housing are leased, the lessee has no property rights, can not sublease or transfer the house, after the land income money, can be transferred according to the market;

2. The application criteria are different.

The application threshold for low-rent housing is high, generally only urban low-income and low-income families can apply, followed by affordable housing, generally urban low-income or low-middle-income families, and the threshold for public rental housing is low, generally urban middle-income families;

3. **Different.

Low-rent housing can be rented in kind or given housing subsidies, affordable housing can only be moved in after at least paying a down payment, and public rental housing is generally rented in kind!

Legal analysis: Public housing is also known as public housing and state-owned housing. It refers to the construction and sale of residential buildings invested by the state, state-owned enterprises and public institutions, and the property rights (right of possession, use, income, and disposal) of the residence are owned by the state before the residence.

At present, the public housing rented by residents is divided into two categories according to the housing reform policy: one is saleable public housing and the other is non-saleable public housing. The above two types of houses are right-of-use houses.

Legal basis: "Shanghai Municipal Housing Lease Regulations" Article 40 If the tenant of a public residential housing and the co-occupants of the Department who have a permanent residence in the City reach a consensus through consultation and request to change the name of the tenant to one of the co-residents who have a permanent residence in the City, the lessor shall agree.

Legal analysis: Public rental housing is public rental housing supported by the first policy, with limited unit size, first object and rent standard, while low-rent housing is a policy housing provided to solve the basic housing problems of low-income families. There are generally two forms of low-rent housing, one is to pay low rent to households with housing difficulties after it is built by **; The second is to issue rent subsidies to households with housing difficulties, and they will rent social housing to live.

Public rental housing is generally built with ** capital and rented to tenants at low rent. After the expiration of the 5-year lease, eligible lessees can purchase according to the ** determined on the basis of the comprehensive cost.

Legal basis: "Measures of the People's Republic of China for the Administration of Public Rental Housing" Article 3 The term "public rental housing" as used in these Measures refers to the affordable housing rented to urban lower-middle-income families with housing difficulties, newly employed workers without housing and migrant workers who are stably employed in cities and towns that meet the prescribed construction standards and rent levels.

Legal analysis: Public rental housing, the full name of public rental housing, is a product to solve the housing difficulties of sandwich groups such as newly employed workers. It is owned by ** investment or other investment entities that provide policy support, belongs to ** or public institutions, and rents housing for college graduates, talents and other groups with housing difficulties who have no housing by limiting the size of the house, the object and the rent standard.

Public rental housing is a public rental housing supported by the first policy, with limited unit size, first object and rent standard.

The difference between rental housing and public rental housing is that the meaning is different. Public rental housing is not owned by individuals, but is owned by ** or public institutions, and is rented to newly employed workers at a price lower than the market price or affordable by the tenant. Rental housing refers to the act of the lessor (generally the owner of the house) renting the house to the lessee for living or providing it to others to engage in business activities and engaging in business activities with others in a cooperative manner, and the lessee pays rent to the lessor.

Legal basis: Civil Code of the People's Republic of China

Article 707: Where the lease period is more than six months, it shall be in writing. If the parties do not adopt a written form and cannot confirm Article 707 If the lease term is more than six months, it shall be in written form. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be an indefinite lease.

If the lease term is fixed, it shall be regarded as an indefinite lease.

Article 710 The lessee shall not be liable for compensation if the leased property is used in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property.

Article 715 The lessee may, with the consent of the lessor, make improvements to the leased property or add other things. If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may request the lessee to restore the original state or compensate for losses.

If the rental housing refers to the house that can be rented, then the public rental housing is a rental house.

1. How often to sign a contract for public rental housing.

1. Article 18 The lease term of public rental housing shall generally not exceed 5 years. Generally, the contract period is 1 3 years, and after expiration, the lease can be renewed if you still meet the access conditions. Article 30 If the lease expires and needs to be renewed, the lessee shall apply to the municipal and county-level people's housing security departments three months before the expiration of the lease.

2. The municipal and county-level people's housing security departments shall, in conjunction with relevant departments, review whether the applicant meets the conditions. If the conditions are met, the lease will be renewed, and the contract for the renewal of the lease will be signed.

3. Tenants who fail to submit an application for lease renewal in accordance with the regulations shall vacate the public rental housing upon the expiration of the lease period; If they refuse to vacate the public rental housing, the owner of the public rental housing or the operating unit entrusted by it may file a lawsuit with the people's court to demand that the tenant vacate the public rental housing.

2. What should I do if I lose the contract for public rental housing?

If the rental contract of public rental housing is lost, the parties may request a copy of the contract of the lease or other parties to the contract; or if the rental contract has gone through the formalities of registration and filing, it may apply to the registration authority for a copy of the copy of the rental contract preserved by the registration authority and request that the seal of the rental contract be affixed to the authority.

3. What is the difference between low-rent housing and public rental housing?

1. The definition is different, public rental housing is public rental housing supported by the first policy, with limited unit size, first object and rent standard, while low-rent housing is a policy housing provided to solve the basic housing problems of low-income families.

2. The application objects are different, and the application objects of general low-rent housing are mainly for low-income families with housing difficulties in urban areas of the city. The allocation targets are mainly low-income households and some specific security targets, and the application objects for public rental housing are not subject to regional and household registration restrictions. Public rental housing is rented to the middle and low-income class, that is, the so-called sandwich class, and most of them are not restricted by region.

3. The manifestations are different, the low-rent housing is built by the first fund, and the low rent is given to the households with housing difficulties, and the other is the rent subsidy issued by the first to the households with housing difficulties, and they rent social housing to live. Public rental housing is generally built with ** funding, and the rent is rented to Qiaotuan tenants at low rent. After the expiration of the 5-year lease, eligible lessees can purchase according to the ** determined on the basis of the comprehensive cost.

After purchase, it can be inherited and mortgaged, and it is not allowed to be rented, transferred, gifted or other market transactions. If it needs to be transferred due to special reasons, it will be repurchased by ** at the purchase price plus interest, and then used as public rental housing.

The lease relationship of public housing is very different from that of ordinary tenancy, and it is even believed that the term lease should not be used for public housing. Lease is a civil relationship between equal subjects, based on the principles of autonomy of will and equivalent compensation, but neither of these principles applies in public housing leasing.

Public housing lease has its own characteristics, the lease right of public housing is closer to the right of property, the lease right can be transferred for a fee, there is no time limit, the lessor cannot terminate the contract, the lessee can inherit after death, and there is a strong household registration factor. These features are very different from ordinary rentals.

In this case, the lessee went abroad to sell the account, and the lease right was naturally lost. It should be changed to a person who lives with a household registration in the city.

Case: The original tenant has settled abroad, and the co-tenant has the right to apply for a change of tenant.

The tenant of a house in a certain city is Ding B. In 1990, with the consent of his sister Ding Yi, Ding Jia moved his household registration into the house and lived there. In 1994, Ding Yi went abroad to settle down and cancelled his household registration in the city, but the tenant of the house was still Ding Yi.

Since Ding B left the country, the rent of the house has been paid by Ding A. In 2002, Ding Jia submitted an application to the property management company to change the tenant, and the property management company approved Ding Jia's application after review. In 2006, Ding Yi returned to China and found that the lessee had become Ding Jia, so he raised an objection.

Subsequently, he filed a lawsuit with the court, requesting that Ding A's tenant qualification be revoked, and that Ding B still be the lessee of the property at issue. Ding Jia argued that Ding B's household registration had been cancelled, and he had lived there for a long time, so he was an actual resident and had the right to become a tenant.

The court held that, according to the provisions of the Shanghai Housing Lease Regulations, the circumstances under which a lessor of public residential housing should change its lease mainly include the following:

1) The tenant of public residential housing and the co-occupant of the department who have a permanent residence in the city shall apply for change through consultation;

2) The tenant of Daqin moves out of the city, and the co-residents who have permanent residence in the city apply for the change through consultation;

3) In the event of the death of the tenant, the co-residents with permanent residence in the city shall apply for change through consultation. The term "co-occupant" here refers to a person who has actually lived in the rented house for more than one year (except in special circumstances) when the tenant of a public residential housing dies or changes the lease relationship, and there is no other housing in the city, or there is other housing but it is difficult to live in it.

For the tenant of the publicly-owned Laoxiang housing, if he dies naturally or moves out of the local area, including the cancellation of the household registration due to moving to live abroad, the original housing lease relationship will be terminated. The change of the public housing lease relationship between Ding A and the property management company is based on the fact that Ding B is the original tenant and Ding Jia has become a co-occupant of the house, which is in accordance with the provisions of the law. Accordingly, the court decided:

The indictment of Ding Yi is not supported.

Rented public housing is not public rental housing, as explained below:

Public rental housing refers to the affordable housing provided by the state with policy support, limited construction standards and rent levels, and rented for urban lower-middle-income families with housing difficulties, newly employed workers without housing, and migrant workers who are stably employed in urban areas. The public housing refers to the state, state-owned enterprises, institutions to invest in the construction and sale of housing, before the residence, the property rights of the residence (the right to occupy, the right to use, the right to benefit, the right to dispose of) owned by the state. Therefore, rented public housing is not public rental housing.

Relevant instructions: 1. Public rental housing is not owned by individuals, but by ** or public institutions, with a lower than market price or the tenant can afford, rented to newly employed workers, including some new college graduates, including some retired elderly and disabled. There are also groups that have migrated from other places to work in the city.

2. Public housing is also known as public housing and state-owned housing. It refers to the construction and sale of residential buildings invested by the state, state-owned enterprises and public institutions, and the property rights of the residences (the right to occupy, the right to use the register, the right to benefit, and the right to dispose of) belong to the state before the residence.