As a legacy of the special system, public housing has a long history, and some public housing tenants have lived in the expropriated houses for decades, and once they face expropriation, their living conditions will inevitably be affected. At present, the provisions of mainland law on compensation and resettlement for public housing expropriation are not very clear, and local administrative organs also have their own characteristics in the process of law enforcement. So how do public housing tenants keep navigating safely in the winds and waves of expropriation? Shi Xining, the chief lawyer of Beijing Jingkang Law Firm, came to talk with you.
Lawyer's interpretation
1. Classification of public housing
Public housing, also known as public housing or state-owned housing, is built with policy support from the state, and the property rights of the dwelling are owned by the state until it is sold. The categories of public housing mainly include the following types: first, directly managed public housing, which is public housing directly managed by the housing management department; The second is the systematic management of public housing, which is the public housing managed and used by government departments according to the system; The third is self-managed public housing, which is a residential housing managed by public institutions for their own use.
Combined with previous experience in handling cases and life experience, there are the following types of houses with the nature of public housing in the economic market: housing reform housing, also known as "purchased public housing" or "unit housing", refers to the built public housing purchased by urban workers at cost price or standard price in accordance with the relevant policies and regulations of the state and local people's governments at or above the county level on the reform of the urban housing system; Military housing refers to the houses in which the military enjoys house ownership, which is generally built by the army with land provided by the army and funded by the developer. The property rights of the houses belong to the Military Commission and the General Headquarters, and the nature of ownership is military property; The full name of the central housing in Beijing is "public housing purchased by the central units in Beijing", which refers to the housing projects built by the central units in Beijing and the housing jointly built by the central government units at the cost price or standard price of housing reform; School production housing, the property rights belong to the higher education institutions, allocated to faculty and staff to rent, and can be sold for public housing. In general, public housing in institutions of higher learning can only be sold to the employees of the school, and non-employees of the school are not allowed to buy it.
2. Compensation and resettlement for public housing
With regard to the issue of compensation for public housing tenants, we would like to remind everyone to pay attention to keeping the public housing lease contracts and rent payment vouchers signed at the time of public housing allocation, so as to prove their legal tenant status. Generally speaking, the compensation items for public housing demolition include compensation for housing value, relocation and resettlement, and compensation for losses caused by suspension of production and business.
Based on the law firm's past experience in handling cases, in the expropriation of housing on state-owned land, the government that intends to make the decision on housing expropriation shall organize relevant units to investigate and determine whether the public housing tenant complies with the housing reform policy. If it conforms to the housing reform policy, the tenant has the right to purchase the expropriated house in accordance with the housing reform policy. After the tenant purchases the house in accordance with the housing reform policy, the government shall resettle and compensate the tenant in accordance with the qualifications of the expropriated person. If the tenant of the directly managed residential public housing reaches an agreement with the public housing management department, the tenant of the self-managed residential public housing and the expropriated person to terminate the lease relationship, the lessee shall be given necessary compensation such as relocation, suspension of production and business, etc.; If no agreement is reached to terminate the lease relationship, if it is a directly managed residential public housing, the tenant shall be provided with a residence with the closest value and not less than the value of the expropriated housing for rent; If it is a self-managed residential public house, the property rights of the expropriated person shall be exchanged, and the house used for property rights exchange shall be leased by the lessee.
Director Shi reminded
Demolition and relocation is a long-term struggle that requires comprehensive professional knowledge, control of the overall situation, and rational application of the law. Even a lawyer with many years of litigation experience is constantly learning and updating, so that he can calmly analyze and make correct judgments in a case. And for non-law-abiding people, this is a huge subject that cannot be achieved by just a short period of time. Therefore, when encountering any demolition problems, you may wish to ask a lawyer and carry out professional rights protection under the guidance of a lawyer.