Source: Xinmin Evening News 2024-04-25 16:21 Shanghai
A number of owners of Lane 88 Lane Joy City Community, Maidong Road, Pudong New Area, Shanghai, reported to "Xinmin Bangnong" that due to the close proximity of the community to well-known attractions such as Haichang Ocean Park, many "second landlords" have opened a "batch rental" model and sprung up one after another. However, the resulting "safety hazards" and "disturbing people's worries" have caused troubles to the owners.
Can residential communities open homestays on such a large scale? What kind of "entry threshold" should there be? With the questions of the owners, the Xinmin Evening News reporter launched an investigation.
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The Yuecheng community where B&Bs are gathered
The number of B&Bs is rising
The Yuecheng community has just been handed over in December 2023, and all the owners have not yet applied for the property ownership certificate, and are still waiting for the notice from the developer.
The owners told reporters that the south side of the community is only separated by a road from Haichang Ocean Park, about 500 meters apart. The west side of the community, adjacent to the Shanghai Yaoxue Ice and Snow World under construction, will be officially opened to the public in 2024. In addition, the community is 1.4 kilometers away from Lingang Avenue Station of Rail Transit Line 16, and the drive to Shanghai Planetarium is within 15 minutes.
The excellent location of the community has given birth to the operation of B&B. According to the preliminary statistics of the owners, according to the data of a number of Internet tourism service platforms, there are currently more than 50 homestays in the community, and the number is still rising, and the vast majority of them are listed by "second landlords" to operate externally.
"Are fire protection, public security, and sanitation all up to standard? Is this kind of behavior legal and compliant?" The owners pointed out that the "Civil Code" stipulates that owners shall not violate laws, regulations, and management regulations to change their residences into commercial buildings. If the owner changes the residence into a business building, in addition to complying with laws, regulations and management regulations, it shall be unanimously agreed by the interested owners. "There are so many B&Bs in Ala's building, and it has never been approved by Ala. ”
And the most "heartbreaking" thing for the owners is the quality of life and living safety. "Strange faces can enter if they want to enter, and they can leave if they want to, who can guarantee that there will be no problems? There are many people, the noise is too loud every day, and there is a bright light and tossing all night, can Allah still have a peaceful birthday?"
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The owner questioned the alleged violation
In response to the "high-frequency" complaints of the owners, the relevant departments of Nanhui New Town replied in accordance with the "Several Provisions on Regulating the Management of Short-term Housing Rentals in the City" (hereinafter referred to as the "Regulations") issued in December 2021: The short-term rental of housing in these regulations refers to the activities of short-term rental service providers who deliver houses to accommodation personnel for residential use, and mainly charge fees on a daily or hourly basis. Accordingly, the B&Bs in the Yuecheng Community will be admitted, and the relevant provisions on short-term rental housing will apply. At present, the local police station has interviewed the person responsible for the short-term rental house and asked to sign the "Public Security Responsibility Guarantee".
The owners believe that although they are "admitted", the homestays in the community are still suspected of "violations":
First of all, the "Several Provisions" make it clear that service providers carrying out short-term housing rental activities shall submit housing ownership certificates and other materials to the internet platform operator. In fact, the houses in the Yuecheng community have not yet obtained the property ownership certificate, so they cannot be booked online. "If it is indeed an illegal registration and does affect the daily life of the relevant owners, should the platform be taken down from the shelves?"
Secondly, the "Several Provisions" mentions that the houses in the residential property management area and the non-residential houses with multiple owners in the same building shall be in accordance with the management regulations if they are used for short-term rental activities. If there is no agreement in the management agreement or the agreement is unclear, the unanimous consent of the interested owners shall be obtained. The reality is that many homeowners have made their concerns and "disapproval" clear. "The community has not yet set up an industry committee, whether the relevant departments can take the lead in convening a coordination meeting to fully consult the opinions of the majority of owners. ”
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There are gaps in the platform review
The reporter learned about the situation from the preparatory group of the Nanhui New Town Suzulan Yayuan Neighborhood Committee, to which the community belongs. The staff feedback that they have held a number of special meetings on short-term rental housing, and the property will strengthen visitor registration, complete the vehicle information entry of permanent residents in the community, and fully standardize the use of the community access control system. However, the other party admitted that without a property right certificate, the Internet platform allowed it to go online, and there were omissions in the initial review process, and rectification should be carried out from the source.
The reporter searched for "B&B near Haichang Ocean Park" on the Internet tourism service platform, not only in Yuecheng Community, but also in many residential areas such as Diamond Bay and Sea Fenghua. Call the consultation hotline, and the customer service staff will answer that if you want to open a homestay and hang up the Internet, you need to submit the property right certificate or the housing lease contract signed with the property owner, plus the identity information of the operator, and the procedures are simple.
The "Several Provisions" clearly require the "indispensable" "housing ownership certificate", but when it comes to the platform, only a "lease contract" can be "unimpeded". However, "if there is no agreement in the management agreement or the agreement is unclear, written materials agreed by the interested owners shall be submitted" and "written materials agreed by the owner to use the house for short-term rental activities", etc., seem to have been "forgotten" by the platform.
The reporter's inquiry found that in May 2023, the Shanghai Municipal Bureau of Culture and Tourism published a reply to the proposal of the Chinese People's Political Consultative Conference. It explains that "urban homestays", also known as "urban short-term rentals", have the characteristics of "new formats and mixed forms", and break through the current legal provisions and traditional understanding in many aspects. The state and the city have not yet legislated to regulate the urban short-term rental housing industry, so there is no statutory industry authority, and the national and municipal levels have not established relevant coordination mechanisms. Various reasons lead to problems in the access, supervision and other aspects of urban short-term rental housing. At the same time, the reply also mentioned that the city's public security organs and some streets have a large number of urban short-term rental supervision practices in recent years. The former is mainly for public security and actual population management, while the latter is mainly for community management. From the perspective of practical results, the streets have taken the lead and the functional departments have been able to implement relatively complete behavior supervision in accordance with laws, regulations, rules and other provisions, and have achieved good results.
To this end, the owners of Yuecheng community said that "short-term rental" and "urban homestay" are new things, and they must "make up for the shortcomings" as soon as possible in terms of "low entry threshold" and "lack of joint supervision mechanism". In this regard, "Xinmin Help" will continue to pay attention.
Original manuscript of Xinmin Evening News
Reporter: Xia Yun
Editor: Li Zheng