Beijing News (reporter Wu Jiaoying) in recent years, with the rise of “Internet plus”, short rental housing has developed rapidly, and many residential areas have been rented out in the form of “home stay” and “apartment”. However, the problems brought about by public security and nuisance have also caused many contradictions.
The reporter learned from the Beijing Municipal Commission of housing and urban rural development today (August 10) that in order to strengthen the management of short-term rental housing, the Beijing Municipal Commission of housing and urban rural development, the Municipal Public Security Bureau and the municipal network information office jointly drafted the notice on standardizing the management of short-term rental housing (Draft for comments) to solicit public opinions. The time for soliciting opinions is up to 17:00 on August 18.
The notice intends to clarify the operating conditions of short rental housing, information verification requirements of Internet platform, territorial supervision responsibility and violation punishment. According to the draft, the management of short-term rental housing should be in accordance with the community management regulations or the decisions of the owners’ Congress; if there is no management regulations or decisions of the owners’ Congress, written consent should be obtained from other owners of the same building. The Internet information release platform should register the identity information of the signer of the transaction order and the actual occupancy personnel one by one, and submit it in time according to the requirements of relevant departments. Those who violate the relevant provisions of the notice shall be punished according to the relevant provisions of the superior law.
■ scope of management
“Urban B & B” and other short rent business places transformed by residential quarters
According to reports, the short-term rental housing mentioned in the Notice refers to the business places that provide accommodation and rest services by using the houses in the residential quarters on the state-owned land in Beijing and charging by day or hour.
Lou Jianbo, director of the real estate law research center of Peking University, believes that from the interpretation given in the notice, the scope of adjustment is limited to “housing in residential communities on state-owned land”, which means that rural houses and urban “quadrangles” are not included.
He pointed out that Beijing has always encouraged the development of “rural B & B”. In 2019, Beijing Municipal Bureau of culture and tourism and other eight departments jointly issued the “guidance on promoting the development of rural B & B”. Among them, it is suggested that farmers with conditions should be encouraged to use their own homestead and farmers’ houses to manage rural B & B. We should encourage powerful farmers’ professional cooperatives, rural collective economic organizations, and enterprises with professional management ability to participate in the construction and operation of rural B & B through investment, leasing, etc.
In other words, the short-term rental housing included in the standard management mainly refers to the short-term rental housing products such as “B & B”, “Hotel” and so on, which are used to rent after transformation in urban residential areas.
■ operating conditions
To comply with the community management regulations or obtain the written consent of other owners of the same building
The draft notice clearly put forward the operating conditions of short-term rental housing. That is to say, it should obtain the written consent of the house owners, and comply with the regulations of the community management or the decision of the owners’ Congress. In addition, the house should also meet the safety conditions of construction, fire control, public security, sanitation and other aspects, and the house rental registration should be handled according to law.
It is worth noting that for the community without management regulations or decisions made by the owners’ meeting, the notice intends to stipulate that the operator shall obtain the written consent of other owners in the building.
In this regard, Lou Jianbo pointed out that the residential area is used for residential life from the planning attribute. If it is to be used for short-term rent management, it should obtain the consent of interested owners according to the relevant provisions of the property law and the civil code, which is the basic guarantee for the rights and interests of the owners.
In the past, the lodgers didn’t have to meet the operators when they stayed in the short-term rental housing such as B & B. both parties could move in through online transaction, registration and obtaining the house password. But the notice once again stressed the operator’s responsibility for safety.
According to the draft notice, operators of short-term rental housing should check the lodger’s identity card information face-to-face before the lodgers move in, and immediately report the registration information through the prescribed information system. The registration information includes the tenant’s name, ID card type, ID number, residence time, effective contact information, etc. Moreover, the operator of short rent housing shall not rent the house to the person without legal and valid identity certificate.
■ platform verification
The Internet platform should register the identity information of the check-in personnel one by one and submit it in time
On the other hand, the notice intends to clarify the verification and supervision responsibilities of the Internet information publishing platform from several aspects.
According to the draft notice, operators of short-term rental housing who release short-term rental housing information through the Internet platform shall submit to the Internet platform the owner’s identity certificate, the certificate of house ownership, the written materials for the owner’s consent to the use of the house for short-term rental operation, the operator’s identity certificate, and the written materials for public security responsibility guarantee signed by the operator and the local public security police station, And the management regulations of the residential area, the decision of the owners’ meeting or the written consent of other owners in this building.
At the same time, if the Internet platform provides short rental housing information release service, it shall verify the materials submitted by the short rent housing operator; register the detailed address of the house and check the housing status on site to confirm that it meets the relevant provisions; register and review the identity information of the short rent housing operator and complete the real name identity authentication, and register the identity of the transaction order signer and the actual occupancy personnel one by one Information and effective contact information, and in accordance with the requirements of the public security, housing and other information.
For operators who submit incomplete materials or fail to pass the verification, the location and area are inconsistent with the actual or ownership certificate records, the pictures and supporting facilities are inconsistent with the actual situation, and the names specified in the hotel industry regulations are used, the Internet platform shall not provide information release services for the short-term rental housing.
In order to ensure the safety of the lodgers’ personal information, the draft notice also proposes that the Internet platform should abide by the provisions of laws and regulations on the protection of personal information and relevant agreements when collecting and using the personal information of its users, and shall not disclose, tamper with or damage the personal information collected by them; and shall not illegally provide personal information to others without the consent of the recipient.
■ territorial supervision
The property should be dissuaded and stopped if illegal short rental housing is found in the community
For the short-term rental housing occupants, the notice intends to stipulate that the lodgers shall carry legal and valid identity documents, cooperate with operators and Internet platforms to register and declare identity information and effective contact information, and shall not use short-term rental housing to engage in illegal and criminal activities, damage public interests or hinder other people’s normal work and life.
The notice also intends to clarify the regulatory responsibilities of street, township government and residential property units. Sub district offices and Township People’s governments should strengthen the supervision and inspection of short-term rental housing within their jurisdiction. Property service enterprises or housing management units shall dissuade and stop the illegal and illegal behaviors if they find that there are illegal and short-term rental houses in the residential area. If the dissuasion and stop are ineffective, they shall report to the relevant administrative departments and the local streets and communities in a timely manner.
For those who violate the relevant provisions of the notice, the draft for comments indicates that it will be punished according to the relevant provisions of the superior law.
For example, short rental housing lessors and short rent housing operators who fail to register as required will be punished in accordance with the relevant provisions of the public security administration punishment law and the anti terrorism law; if the Internet platform does not require users to provide real identity information or provide relevant services to users who do not provide real personal information, the Internet Security Law and the Anti Terrorism Law shall be followed If the Internet platform fails to verify the relevant materials submitted by the operators of short-term rental housing, it shall be punished according to the relevant provisions of the “e-commerce law”; if there are other illegal situations or potential safety hazards in the short-term rental housing, it will also be investigated and dealt with in accordance with relevant laws and regulations.
■ expert opinion
“Or to solve the problems of public security and disturbance caused by short-term renting”
Zhao Qingxiang, Secretary General of Beijing real estate intermediary industry association, pointed out that compared with hotels and hotels, B & B and short-term rental houses are widely distributed in the city, and most of them are complete sets of residences, which can meet the needs of many people’s travel and accommodation, and the price is generally lower than that of hotels, meeting the short-term accommodation needs of some tourists to a certain extent. But at the same time, there are many problems in this kind of products, which bring great challenges to the urban safety management and seriously affect the normal living life of the residents in the residential area.
“It is very common for one person to book, many people to check in, or Zhang San to book and Li Si to check in. The business entities do not register for housing rental, nor do they register information according to the requirements of the hotel industry. Some landlords and tenants do not meet. In the end, the owner of the room and the short rent platform don’t know who to check in.” Zhao Qingxiang said that this has brought major security risks to the management of floating population and public security management.
On the other hand, he pointed out that the scattered B & B and short-term rental housing in residential buildings have caused frequent disturbance to residents due to uncertain check-in time, mixed staff and night activities, which also led to a large number of complaints and reports from residents in the community.
Zhao Qingxiang said that the management regulations to be issued this time in Beijing clarify the responsibilities of the owners, business entities, platforms and tenants, as well as the requirements for rental registration, platform information verification and lodger information submission, etc., and incorporate short-term rental housing into the scope of grass-roots social governance, or will be able to solve the problems of public security and disturbance caused by B & B and short-term rental housing, At the same time, it can also ensure the safety of tenants.
“Urban B & B operators and platforms may be impacted greatly in the short term”
The notice intends to stipulate that one of the operating conditions for short-term rental housing is to comply with the regulations on community management or the decision of the owners’ Congress. In the absence of management regulations or decisions made by the owners’ meeting, the operator shall obtain the written consent of other owners in the building. This “threshold” will undoubtedly bring greater difficulty to the operation of “B & B”, “apartment” and other short rental housing in the residential area.
Lou Jianbo, director of the real estate law research center of Peking University, pointed out that after the announcement and implementation of the notice, it may bring great impact on operators and platform companies with “urban B & B” as the main business in the short term, but in the long run, it will help to standardize, healthy and long-term development of the B & B industry. He also suggested that operators and platforms need to focus on the long-term and make timely transformation.