Administrative Regulations on Public Security of Rental Housing in Jiangsu Province
Decree of the People's Government of Jiangsu Province
The "Administrative Regulations on Public Security of Rental Housing in Jiangsu Province" was discussed and adopted at the 43rd Executive Meeting of the Provincial People's Government on November 5, 2019, and is now released for implementation from January 1, 2020.
Governor: Wu Zhenglong
November 16, 2019
Administrative Regulations on Public Security of Rental Housing in Jiangsu Province
为了加强租赁住房治安管理，维护社会秩序和公共安全，根据《中华人民共和国治安管理处罚法》等法律、法规，结合本省实际，制定本规定。 Article 1 In order to strengthen the security management of rental housing, maintain social order and public safety, these regulations are formulated in accordance with the laws and regulations of the "People's Republic of China Public Security Management Penalty Law" and the actual situation of the province.
对本省行政区域内租赁用于居住的房屋及相关人员实施信息登记、治安防范、法治宣传等治安管理活动，适用本规定。 Article 2 These regulations apply to the implementation of public security management activities such as information registration, public security prevention, and publicity of the rule of law on houses and related personnel leased for residence in the administrative area of the province.
租赁住房治安管理工作遵循源头预防、部门协同、属地管理、综合治理的原则。 Article 3 The administration of public housing for rented houses follows the principles of source prevention, department coordination, territorial management, and comprehensive governance.
县级以上地方人民政府领导本行政区域内租赁住房治安管理工作，健全工作协调机制，保障工作经费和人员，组织实施租赁住房治安防范信息化建设和信息资源的整合共享，维护租赁住房治安秩序。 Article 4 Local people's governments at or above the county level shall lead the administration of public housing rental housing within their respective administrative areas, improve the coordination mechanism of work, guarantee working funds and personnel, organize the implementation of information security construction of rental housing public security and the integration and sharing of information resources, and maintain the rental housing Law and order.
公安机关负责租赁住房治安管理工作，其主要职责是： Article 5 Public security organs are responsible for the security management of leased housing. Their main duties are:
(1) Carry out the registration of rental housing residence information, build a security management information system for rental housing, collect and check the rental housing residence information;
(2) To carry out inspections and inspections on the public security situation of rental housing, and to report the public security situation of rental housing;
(3) Accepting and handling complaints and reports on illegal behaviors in rented housing;
(4) Instructing the lessor, the lessee and the relevant entities to take precautionary measures for public security and implement the security management requirements for leased housing;
(5) Other tasks of public order management of rental housing.
Relevant departments and units of housing urban and rural construction, fire rescue, development and reform, natural resources, urban management, market supervision, health and health, taxation, etc. shall do a good job in the management of public housing leases in accordance with their respective responsibilities.
乡镇人民政府、街道办事处应当建立租赁住房和流动人口综合管理服务机制，依托上级有关部门设在基层的办事机构和各类工作人员，组织实施租赁住房居住信息采集、安全隐患整治等工作。 Article 6 The township people's government and sub-district office shall establish a comprehensive management and service mechanism for leased housing and floating population, and rely on the offices and various types of staff at the grassroots level of the relevant departments at the higher level to organize the implementation of housing rental information collection, security rectification, etc. jobs.
Villagers 'committees and residents' committees assist the township people's governments and sub-district offices to do a good job in the management of public housing leases, organize the formulation of conventions on the prevention of public housing leases in the villages and communities, and report to the local township people's governments and sub-district offices in case of illegal acts.
出租人应当依法遵守下列要求： Article 7 The lessor shall comply with the following requirements according to law:
(1) Check the identity documents, business licenses or other valid certificates of the lessee, the operator, the actual resident, register the relevant information, and report to the public security organs the registration of rental housing residence information (hereinafter referred to as the registration information);
(2) If the lessee is a floating population, inform the tenant to handle residence registration and apply for a residence permit in accordance with regulations;
(3) If the lessee changes or stops the lease, he shall report the change to the public security organ or cancel the registration;
(4) Reporting to the public security organs in a timely manner if it is found that the lessee or actual resident uses the leased house for illegal and criminal activities;
(5) Frequently carry out safety inspections on leased houses, supervise the lessee's performance of fire safety responsibilities, instruct the lessee to safely use electrical and gas facilities, and conduct regular safety inspections and maintenance. If any hidden safety hazards such as fire are found, eliminate them in a timely manner. Or notify the lessee to eliminate it;
(6) Other requirements that should be complied with according to law.
承租人应当依法遵守下列要求： Article 8 The lessee shall comply with the following requirements in accordance with the law:
(1) Provide the lessor with his or her identity card, the operator's identity document, business license or other valid documents, and the identity information of the actual resident;
(2) Those who belong to the floating population shall go through the registration of residence and apply for a residence permit in accordance with regulations;
(3) Those who sublet the leased house or lend others to live shall bear the public security responsibility of the lessor and report the registration information to the public security organ;
(4) Those who have stayed or stayed for more than 7 days or added actual residents should report registration information to the public security organs;
(5) If it is found that the actual resident uses the rented house to carry out illegal and criminal activities, report it to the public security organ in time;
(6) Use the leased house safely, perform fire safety responsibilities within its scope of use, accept the fire safety guidance of the lessor, and shall not use electrical and gas facilities in violation of regulations, and discover hidden safety hazards such as fire, promptly eliminate or notify the lessor to eliminate;
(7) Other requirements that should be complied with according to law.
出租人、承租人应当依法订立租赁合同，明确双方权利义务。 Article 9 The lessor and the lessee shall conclude a lease contract according to law, specifying the rights and obligations of both parties.
The leased house shall comply with the laws, regulations, rules and fire protection technical standards for house lease and fire protection.
出租住房集中供他人居住，出租居室达到10间以上，或者出租床位达到10个以上的，出租人应当按照供社会公众活动的场所的安全规定，建立相应的管理制度，确定管理人员，登记有关信息，落实治安责任。 Article 10 Where the rented housing is centralized for others to live in, and the rented rooms reach more than 10, or the rented beds reach more than 10, the lessor shall establish a corresponding management system and determine the management personnel in accordance with the safety regulations of the places for public activities. Register relevant information and implement public security responsibilities.
Units renting houses as collective dormitories for the residence of their employees shall perform public security responsibilities in accordance with the provisions of the preceding paragraph.
有租赁住房的住宅小区，其物业服务企业应当按照有关法律、法规的规定和物业服务合同中关于安全防范的约定，履行治安责任，协助所在地村民委员会、居民委员会和公安机关做好租赁住房治安管理相关工作。 Article 11 For residential quarters with rental housing, their property service enterprises shall perform public security responsibilities in accordance with the relevant laws and regulations and the provisions of the security service contract on safety and security, and assist local villagers 'committees, residents' committees and public security organs to do a good job. Relevant work on security management of rental housing.
If a real estate service enterprise discovers that the lessor, lessee and related entity are using the leased house to carry out illegal and criminal activities, it shall report it to the public security organ in a timely manner.
出租人应当自租赁合同订立之日起7日内申报登记信息。 Article 12 The lessor shall declare the registration information within 7 days from the date of conclusion of the lease contract. If the lessor entrusts other units or individuals to manage the leased house, it shall also declare and register the basic information and entrusted content of the entrusted party.
承租人变更或者停止租赁的，出租人应当自承租人变更或者停止租赁之日起7日内申报变更或者注销登记。 Article 13 If the lessee changes or stops the lease, the lessor shall report the change or cancel the registration within 7 days from the date on which the lessee changes or stops the lease.
出租人应当如实申报登记信息，申报登记信息的内容包括：出租人和承租人姓名（名称）、公民身份号码（社会统一信用代码）、工作单位（服务处所）、联系方式等基本信息，以及房屋地址、产权信息、租期、使用性质、建筑面积、居住人员信息等住房情况。 Article 14 The lessor shall truthfully report the registration information. The contents of the registration registration information include: the name (name) of the lessor and the lessee, the citizenship number (social unified credit code), the work unit (service premises), and contact information. Information, as well as housing conditions such as house address, property right information, lease period, nature of use, building area, and resident information.
公安机关应当建立租赁住房治安管理信息系统，并开通移动端办理通道，方便出租人申报登记信息。 Article 15 The public security organ shall establish a public security management information system for leased housing and open a channel for mobile terminals to facilitate the lessor to declare registration information. Public security organs use information technology to collect and check information, and relevant units or individuals should cooperate.
出租人可以通过下列方式之一申报登记信息： Article 16 The lessor may declare registration information in one of the following ways:
(1) Self-declaration through the rental housing public security management information system;
(2) Applying for declaration at the public security police station or the agency entrusted by the public security organ where the house is located;
(3) Where a house is rented through a real estate brokerage agency or Internet platform, it may be agreed that the real estate brokerage agency or Internet platform operator shall declare;
(4) reporting through the real estate service company where the house is located;
(5) Reporting through villagers 'committees and community residents' committees.
Where it is agreed that real estate brokerage agencies and Internet platform operators should declare registration information, real estate brokerage agencies and Internet platform operators shall report the registration information to the public security organs within 7 days from the date of the lease contract. Property service enterprises, villagers 'committees, and community residents' committees that have received the registration information shall report it to the public security organs within 7 days of receiving the information.
If it has been registered with the housing urban and rural construction department, the housing urban and rural construction department will push the information to the public security organ, and the lessor will no longer declare the registration information.
公安机关应当在其门户网站和办理点向社会公示租赁住房登记信息的内容、依据、所需材料和办理流程等，提供登记表和填写样本，为出租人、承租人及相关主体提供便捷服务。 Article 17 The public security organ shall publicize the contents, basis, required materials and procedures of the registration information of rental housing to the public on its portal website and application points, provide registration forms and fill in samples, and serve as lessors, lessees and related entities. Provide convenient services.
公安机关、住房城乡建设、消防救援、发展改革等部门、单位和乡镇人民政府、街道办事处应当加强租赁住房安全管理法治宣传教育，告知出租人、承租人及相关主体依法应当承担的安全责任。 Article 18 Public security organs, housing, urban and rural construction, fire rescue, development and reform departments, units, township people's governments, and sub-district offices shall strengthen the publicity and education on the rule of law on the safety management of leased housing, and inform the lessor, the lessee and the relevant entities that they shall undertake Responsibility for safety.
公安机关会同住房城乡建设、消防救援、自然资源、城市管理、市场监管、卫生健康、税务等部门和单位建立执法联动工作机制，共同维护租赁住房安全管理秩序。 Article 19 Public security organs will work with housing and urban and rural construction, fire rescue, natural resources, urban management, market supervision, health and health, taxation and other departments and units to establish a joint law enforcement work mechanism to jointly maintain the order of safety management of rental housing.
乡镇人民政府、街道办事处以及住房城乡建设、消防救援、公安机关等有关部门和单位对租赁住房集中地区定期走访并进行安全检查，对租赁住房结构和使用性质、消防设施、疏散通道、电气燃气设施、车辆充电停放等进行日常巡查，巡查情况及发现租赁住房存在的安全隐患，形成检查记录，落实安全防范措施。 Article 20 The township and town people's governments, sub-district offices, and relevant departments and units such as housing urban and rural construction, fire rescue, and public security organs regularly visit leased housing concentrated areas and conduct safety inspections, and review the structure and nature of use of leased housing, fire protection facilities, and evacuation. Conduct daily inspections on aisles, electrical and gas facilities, and charging and parking of vehicles, to inspect the situation and find hidden safety hazards in leased houses, form inspection records, and implement safety precautions.
If security inspections and daily inspections reveal hidden dangers in rental housing, or if you receive a complaint or report on violations of public security management of rental housing, it belongs to the area of public security management and shall be promptly disposed of by public security organs according to law. , The housing and urban and rural construction, departments and units with the responsibility for fire supervision and management shall be promptly disposed of according to law.
县级以上地方人民政府应当建立租赁住房信息共享机制，整合、联通租赁住房信息，建设跨部门、多层次、信息共享、业务协同的信息平台，逐步实现相关部门之间租赁住房信息数据交换和共享。 Article 21 Local people's governments at or above the county level shall establish a mechanism for sharing rental housing information, integrate and interconnect housing rental information, build an inter-departmental, multi-level, information sharing, and business synergy information platform, and gradually realize rental housing between relevant departments. Information data exchange and sharing.
Public security organs may obtain relevant data from professional operating units such as water supply, power supply, and gas supply according to the security management needs of leased housing, and professional operating units such as water supply, power supply, and gas supply shall cooperate.
公安机关、有关部门、单位及其工作人员对租赁住房治安管理工作中获悉的信息应当予以保密。 Article 22 Public security organs, relevant departments, units and their staff shall keep confidential the information learned in the public security management of rental housing.
法律、法规对违反租赁住房治安等安全管理行为已有规定的，按照有关规定执行。 Article 23 Where laws and regulations have provisions on violations of the security management of leased houses, they shall be implemented in accordance with relevant regulations.
出租人、承租人、房地产经纪机构、物业服务企业、互联网平台经营者未按照本规定申报、转报登记信息的，由公安机关责令改正，依法予以处罚、记入信用记录。 Article 24 If a lessor, lessee, real estate agency, property service enterprise, or Internet platform operator fails to declare or forward registration information in accordance with these regulations, the public security organ shall order correction, punish it according to law, and record it in the credit record.
公安机关、有关部门、单位及其工作人员在租赁住房治安管理工作中玩忽职守、滥用职权、徇私舞弊，涉嫌犯罪的，提请有权机关依法追究刑事责任；尚未构成犯罪的，依法给予处分。 Article 25 Public security organs, relevant departments, units and their staff who neglect their duties, abuse their powers, and engage in malpractices for personal gain in the administration of public security of rental housing. If they are suspected of committing crimes, they shall request the competent authorities to investigate their criminal responsibilities according to law; Sanctions will be given according to law.
本规定自2020年1月1日起施行。 Article 26 These Provisions shall become effective on January 1, 2020.
View and download the PDF version of the bulletin: Administrative Regulations on Public Security of Rental Housing in Jiangsu Province (Provincial Government Order No. 130) .pdf
Related reading: Provincial Public Security Department: Interpretation of "Administrative Regulations on Public Security of Rental Housing in Jiangsu Province"
Illustrated "Administrative Regulations on Public Security of Rental Housing in Jiangsu Province"