Know how to determine the protection of housing difficulties in housing expropriation.- Zhiheng Law Firm

Increase the subsidy for the protection of living difficulties, commonly known"Bottom", has been one of the focus of housing expropriation activities in Shanghai. What constitutes a household with housing difficulties, and how does one apply for such a designation? Based on my experience and professional understanding, this attorney will address these questions in the following article.

1. Application

First of all, it needs to be made clear that the identification of households with living difficulties can only be submitted on a household basis, and individuals cannot apply separately.

The so-called household application is based on the housing certificate as a unit, not the household registration as a unit. According to the “Detailed Rules for the Implementation of Housing Demolition and Compensation on State-Owned Land in Shanghai” (hereinafter referred to as…"Detailed Rules"), when the house is expropriated, the public housing lessee or private property owner has the right to apply for the protection of living difficulties.

It should be noted here that the expropriated houses in this city often have multiple household registrations and multiple families on the register and use at the same time. At this time, public housing tenants or property owners often refuse to apply for housing difficulty protection due to their own interests. What about other non-tenants or property owners?

According to the Shanghai Housing Management Sign 〔2014 No. 243 "Shanghai Housing Security and Housing Administration Bureau"Notice on Further Regulating the Work of Housing Expropriation and Compensation in this Municipality (hereinafter referred to"Further Notice")The application for examination of residence difficulties shall be submitted by the expropriated person and the lessee of the public housing.The expropriated person and the lessee of the public house shall not apply for the examination of the living difficulties, and the house users and co-residents may apply for the examination of the living difficulties.

Prompt1：The expropriation department will generally cooperate more actively with the application of the lessee and the property owner. If the lessee of the public house or the owner of the private house refuses to apply for the protection of living difficulties, and other registered population submit it to the expropriation personnel only in oral form, but should submit the application to the expropriation office or the housing management department in written form at the same time, and reserve relevant evidence so as to prove that they have proved within the time in the time; in addition, there is a publicity period for the protection of living difficulties, which is generally15On the 1st, if residents need to raise objections, they should raise them within the publicity period, so they need to pay attention to the progress of the audit and the publicity at any time so that they can exercise their rights in a timely manner;

Prompt2：Special attention should be paid to the registered population of private property owners, public housing tenants and other registered residents who may be identified as co-residents. Although supporting the bottom helps to increase the big cake, it does not necessarily benefit itself. At present, Shanghai courts have quite different opinions on the distribution of benefits due to the poor population. Some courts are too inclined to the poor population, and the interests of the above-mentioned personnel are often damaged by other people being supporting the bottom)

Recognition and subsidy

Time node and specific content of (I) audit

According to theFurther notice ", the content of the residence difficulty audit,It should be the date of the announcement of the house expropriation decision,Persons who have the city's household registration in the premises to be expropriated,Whether there is any other housing in this city or whether it is difficult to live.

(II) the scope of verification of housing elsewhere

According to the Further Notice, other housing in the determination of housing expropriation and living difficulties refers:The person and his or her spouse (or in the name of a minor child) who have a local household registration in the expropriated house have other housing in the city,Any of the following circumstances are identified as other housing:

(I) have the right to use public housing in other places, or have private housing ownership (including homestead, commercial housing, including the use of loans to buy a house);

(II) the sale of purchased public housing, the exchange of public housing tenancy rights, or the monetary subsidy for housing;(III) other houses have received compensation for demolition and resettlement, or compensation for house expropriation;

(IV) enjoy the common property rights of housing (affordable housing) policy.

It should be noted here that the housing levy is difficult to live in."Other housing" is different from "other housing" in the division of public housing expropriation compensation benefits,The former not only includes private houses, but also generally only dates back to the date of the announcement of the expropriation decision.Within 5 years, the latter only includes welfare houses and other housing benefits, but there is no restriction on the retroactive period.

In addition, since the "detailed rules" only broadly stipulate that they can be dealt with according to the provisions on the verification of the housing area of affordable housing, and the audit of affordable housing is different from the housing expropriation activities after all, in practice, each base will still formulate specific "measures for the identification and guarantee subsidy of households with living difficulties" (hereinafter referred to"Base caliber"), grasp different, specific need to base caliber shall prevail.

In particular, it needs to be emphasized that some bases have formulated policies for the introduction of poor population for some non-registered population, and the spouses and children of the registered population who meet certain conditions may also be identified as poor population in the examination of living difficulties. In addition, as the poor population does not require actual living, the situation of welfare housing in other places is not traced back.Five years ago, in practice, people who did not actually live and had enjoyed welfare housing treatment were often identified as living in poverty.

Criteria for (III) living difficulties

According to Shanghai government 〔2012] No. 14 "Shanghai 2012 Common Property Rights Affordable Housing (Affordable Housing) Access Standards and Supply Standards" (hereinafter referred to as "Access Standards"), only the per capita construction area of other housing is lower15square meters of people, only in line with the common property rights to protect housing (affordable housing) supply object, therefore.Shanghai room specification 〔2019 No. 17"Measures of Shanghai Municipality for the Verification of the Housing Area of Applicants for Shared Property Guaranteeing Housing (Affordable Housing)" (hereinafter referred to"Verification Measures") and the caliber of each base, this policy is currently implemented, that is, for those who have registered permanent residence in the expropriated houses, but have other houses in the city and the per capita housing construction area exceeds 15 square meters (excluding 15 square meters), they will not be approved as the poor population.

Therefore, although households with living difficulties apply on a household basis, it does not mean that as long as the household applies, all people can be exposed to rain and dew, and only those who are examined and identified as living in poverty in accordance with the regulations are eligible to enter the follow-up conversion process.

It should be pointed out that many parties and even peers often mistakenly believe that the per capita construction area of other places is lessPeople with 22 square meters are all people with living difficulties. This view is wrong. The so-called per capita less than 22 square meters only means that if the per capita compensation of the household is less than 22 square meters, it will be supplemented to 22 square meters, while the per capita less than 15 square meters refers to an access condition for determining whether the person belongs to the poor population.

Whether (IV) conversion belongs to households with living difficulties

After verifying the population living in poverty (I. e., the number of households living in poverty) in accordance with the aforementioned measures, it is necessary to follow the provisions of Article 31 of the Detailed Rules,The first discount is whether the household in which the expropriated house is located is a household with living difficulties, and then the subsidy for increasing the security of living difficulties can be given,The article provides that:

After calculation in accordance with the relevant housing area verification regulations of this Municipality and the conversion formula stipulated in the second paragraph of this article, the per capita construction area is insufficientFor households with living difficulties of 22 square meters, the security subsidy will be increased, except for those who have already enjoyed the affordable housing policy. The additional housing subsidy can be used to purchase a replacement property.

The conversion formula is:Compensation amount of the expropriated residential house÷ converted unit price ÷ number of households with living difficulties.

Guaranteed subsidy = converted unit price× Number of households with living difficulties × 22 square meters-compensation amount of residential houses to be expropriated.

The converted unit price shall be announced by the district (county) people's government.

Households with living difficulties who meet the requirements of the affordable housing policy may give priority to the purchase of affordable housing.

Among them, the conversion formula"The amount of compensation for the expropriated residential house" refers to the total amount of the assessed price, price subsidy, and apartment area subsidy (if any) that should be given in the house expropriation (commonly known as "three bricks"). For example:

Compensation amount of expropriated residential housesIf the number of households with living difficulties is less than 22 square meters, the household is deemed to be a household with living difficulties. This household’s housing hardship subsidy shall be increased in its entirety according to the following formula:

Subsidies for living difficulties= converted unit price✖Number of households with living difficulties✖22 square meters-compensation amount of expropriated residential houses

The so-called householdThe "head" is greater than the "brick".

Reminder:According to the Rules and the Further Notice, the protection subsidy received is shared by the expropriated or public housing lessee and his co-residents. At the same time, this product can be used to settle payments for resettlement housing purchased through property exchange.

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