Can a cohabitant in public housing be disqualified from voluntary renunciation by a cohabitant signing a letter of commitment?

Introduction: As a product of a certain historical period, public housing solves the housing problem of urban residents, and the tenants of public housing only enjoy the right to use the house, but do not enjoy ownership. For the public housing rented by one of the spouses, when the husband and wife divorce, the two parties agree in the divorce agreement that the public housing shall be used by one party and the other party shall not enjoy the right to reside and use, so is the party who gives up the use of the same occupant eligible? If a similar tenant or co-occupant of a public housing abandons the right to rent or use a public housing in the form of a letter of commitment, declaration, agreement, etc., does the party who gives up the renter or co-residence lose the qualification of the lessee or co-occupant?

In this case, the court held that the cohabitant of the public housing issued a letter of commitment and waived the right to use the public housing, the commitment was legal and valid, and he lost the qualification of the cohabitant and did not have the right to continue to live and use the house. We would like to recommend it.

I. Judgment Point of View:

Co-occupant refers to a person who, when the tenant of a public housing dies or changes the lease relationship, actually lives in the rented house for more than one consecutive year and has no other housing in the city or has other housing but has difficulties in living. However, a tenant, a co-resident spouse married to the Place, a child born in the Place, and a person who actually resides in the Place may not be subject to the restrictions of the actual residence for more than one consecutive year and the housing conditions elsewhere.

II. Basic Facts of the Case:

Zhang Jianming (deceased) and Chen (deceased) are husband and wife, and have three children, namely Zhang Shengquan, Zhang Shengmei and Zhang Mou. Defendants Xin Junhua and Zhang Ji are Zhang's ex-wife and son. The two plaintiffs originally lived with their parents in the private house of XX Lane XX Lane XX, Shanghai, and moved to Jiangxi in 1969 as a chinched-in.. On March 2, 1972, the parents exchanged the private house for the disputed house. After Zhang Jianmin's death on May 9, 1998, the disputed house was rented by his mother, Chen Mou.

After Zhang and Xin Junhua divorced, they lived with their mother Chen and fought for a house. After the two plaintiffs retired, they could have moved their hukou back to Shanghai in accordance with the policy, but due to Zhang's obstruction, Zhang Shengmei's household registration moved into a disputed house, and Zhang Shengquan's household registration could only be moved back to Chongming for temporary residence, and later Chen was seriously ill, and Zhang Shengquan was also taken to Chongming for the elderly. Before his death, Chen issued a letter of commitment in the presence of his relatives, promising that the disputed house would be rented and used by the two plaintiffs in the future, and stamped and stamped.

After Zhang's death in 2020, the house in dispute was occupied by his ex-wife and son, and the two plaintiffs were not allowed to come back to live. The plaintiff argued that Zhang Shengmei had no house elsewhere in the city, and that her household registration was in the disputed house, and that she should enjoy the right of residence; Zhang Shengquan had the right to return to the disputed house according to the national policy, and that she had not been able to move into the hukou because of the obstruction of others, but as the biological child of the original tenant, she should have the right to live in the disputed house. At present, the two plaintiffs are elderly, and in order to facilitate their medical life, they have no choice but to sue for the exercise of their right of residence.

The plaintiffs, Zhang Shengmei and Zhang Shengquan, filed a litigation request with the court of first instance: 1. Ordered the two defendants to exclude the obstruction of the two plaintiffs' residence in the house of No. XX Lane XX Lane, XX Road, Jing'an District, Shanghai (hereinafter referred to as the "disputed house"), so that the two plaintiffs could actually live and use the disputed house;

III. Legal Provisions:

1. Civil Code of the People's Republic of China

Article 3: Civil subjects' personal rights, property rights, and other lawful rights and interests are protected by law, and must not be infringed upon by any organization or individual.

4. Results of the adjudication

First Instance: The plaintiff Zhang Shengmei and Zhang Shengquan's claim that the defendants Zhang Ji and Xin Junhua exclude the obstruction of the plaintiffs Zhang Shengmei and Zhang Shengquan's residence in the use of house XX Lane XX, XX Road, Jing'an District, Shanghai, will not be supported.

Second instance: The appeal is dismissed and the original judgment is upheld.

Case Source: China Judgment Document Network, Case No. (2021) Hu 0106 Min Chu No. 12065 Civil Judgment; (2021) Hu 02 Min Zhong No. 9259 Civil Judgment.