Research On Legal Issues Of The Property Management Of Public Rental Housing

In recent years, public rental housing is a new rise of affordable housing system in China. As an important livelihood projects, it makes up the deficiency of security function in previous low-rent housing and affordable housing and provides houses for low-income groups who cannot afford a house. Therefore, public rental housing has become a focus on the implementation of affordable housing. However, because a majority of cities have the tendency of paying much attention to plan and construction but pay little attention to management, the problem of house management especially the property management is gradually apparent with the public rental housing is being built on a large scale in all parts of the country, around China. At present, the public rental housing’s property management and its related policies and regulations are still inadequate, which lead to government supervision and management difficulties. Furthermore, when the main parties have difficulties and contractions, they cannot solve them properly. In the process of property management, public rental housing’s management, because of its special nature, cannot be fully applicable to many other property management systems of commercial housing, and therefore there are a lot of new problems in property management. Unlike construction, distribution and other aspects of public rental housing, the quality after delivery are directly related to the function of social assistance and protection, the implement of protection of national housing policy and the sustainable development of public rental. This paper tries to analyze the current situation and problems of public housing property management in our country based on the absorption of foreign experience in public housing property management. I also put forward my own opinions on how to build our own terms in rental housing property management legal system.The full text can be divided into four parts:The first part mainly describes the concepts and characteristics of public rental housing and property management, and its legal relations, related theoretical and practical significance. Public rental housing property management is an activity, which property right unit entrusts property management companies to maintain, repair and serve the house and its facilities. Public rental housing is an affordable housing so it has its own particularity in property management. Although the property management tends to market management, it must be managed under government involvement because it is built in government funding and support. Property Management provides services to the tenant rather than homeowners.The second part introduces the foreign public housing property management’s experience. I respectively introduce and analyze public housing property management system in Singapore, China, Hong Kong and the United States and summarize their advanced management system and experience. That is they not only establish a comprehensive legal system of property management, but also focus on public housing property management regulation. In this process, government plays a leading role. All these provide a reference for our public rental housing property management legal system.The third part mainly focuses on the present situation and problems in management of public rental housing property legal system in our country. In law, it has low level of legislation, and lacks the supporting legislation between public rental housing and its property management. On property management pattern, the consciousness of market-oriented operation is low, and the government doesn’t play a role in regulation. On the property management’s fee mechanism, property management fee’s pricing is unscientific and unreasonable and the content and standards is unreasonable.The fourth part mainly focuses on the construction of public rental housing property management legal system. This part gives some suggestions based on the problems which are mentioned in third part. In the legal system, we should enhance the level and effectiveness of property management, set special property management regulations, as well as clarify the rights and obligations of the main parties; In management pattern, we should use market mechanism, and give full play to the role of government to protect, and pursue autonomy tenant rights mechanisms; In terms of charging mechanism, we should establish a reasonable fee arrangements, property services and fees.