As everyone knows, in order to gradually solve the problem of urban housing shortage, the national government has built a large number of public housing for rent by the low-income groups. Although people living in public housing only have the right to rent according to law, they can also receive compensation during demolition. At this time, we are faced with a difficult problem: can public rental housing be continued to the next generation? Can this rental right be extended?

The meaning of public housing

Public housing is also called public housing and state-owned housing. It refers to houses built and sold with investment from the state and state-owned enterprises or public institutions. Before the house is sold, all its property rights (rights of possession, use rights, income rights, and disposal rights) belong to the state. Currently, the public housing that people rent is divided into two types according to housing reform policies: one is public housing that can be sold, and the other is public housing that cannot be sold. Both types of houses are right-of-tenure houses.

Can public housing be continued to be used?

What people call public housing is compared with private housing. Its important feature is that the property rights of public housing are owned by the government or national institutions and departments. As far as cities are concerned, directly managed public housing includes houses built with financial investment and houses that have been demolished or relocated from directly managed public housing. The houses will be handed over by the property management department to the housing management department, and will be handed over to the housing management department in other ways. The Housing Authority is specifically responsible for public housing assets, and the actual users of public housing are called tenants.

People who use public housing have the right to use the public housing, the right to possess it, the right to partial income and the right to restrict disposal according to law, provided they do not violate the law. It can be divided into three types according to the property owners: The first type of directly managed public housing is houses that have been taken over, rented, purchased, built, and expanded by the state. Most of them are directly under the jurisdiction of the housing management department for renting and repairing. A few houses are rented to the department for free. The second category is units that manage their own properties. It is a house owned by departments such as national ownership and collective ownership, also known as corporate property. The owners of the third type of public housing are administrative institutions, which are used to rent or distribute animals to internal staff of the enterprise. Generally, the first two types can be used for market transactions. Note that if you are in Beijing, you must have a listing license.

From a legal perspective, the basis of inheritance is that the assets left by the inheritor before his death are legal. However, public houses do not belong to individuals, so public houses cannot be inherited. However, in this specific case, the actual tenant of the public housing does not have any ownership rights to the house, but only has the right to rent it. Therefore, the matter of inheritance of property rights of a private house becomes a matter of who the new tenant is. Who is the new tenant after the tenant dies? According to the relevant requirements of our city, when the tenant dies or his household registration is no longer in this city, his spouse, parents and children can apply for transfer of ownership, but only one person who meets the requirements can apply. If there are two or more applicants, the transfer can only proceed after they reach a unified intention.

Can the rental rights of public housing be inherited?

First of all, it is necessary to clearly understand that the renting of public housing and the renting of private housing are different from the legal level. According to relevant housing management regulations and relevant requirements of Beijing City, if the user of a public housing dies, the person who previously lived in the public housing with him can continue to rent if he has a local household registration and has lived with the user for more than two years and has no other place of residence. However, if the number of people who meet this condition is equal to or greater than two, then they should unify subsequent tenants through negotiation. If a unified opinion cannot be reached, the property owner of the public housing will make a written decision on the tenant based on the actual situation of these people.

Therefore, if the tenant of a public house dies and the house has equal to or more than two co-occupants who meet the requirements, the tenancy rights cannot be passed directly to one of them. The co-residents must discuss and decide who has the right to rent the house, and then submit a written application to the owner of the public house to complete the name change operation. Other people, including family members, cannot intervene because they are not co-residents. If someone changes their name without other co-residents knowing about it, it is against the law and is invalid. At this time, the party whose interests have been harmed can go to the housing management department to request to withdraw the name change, or initiate a lawsuit to request re-identification of the tenant.

The right to rent public housing cannot be inherited

The law requires the personal and legal assets of a citizen to be inherited upon his or her death. Public housing is not an asset owned by citizens. It is related to the right to rent and live in other public housing. Unlike ordinary property rights, citizens only have the right to live in the housing, but not the right to dispose of it. According to the requirements of laws and regulations such as the "Beijing Urban House Demolition Management Measures", funds for public housing demolition are usually used to compensate tenants and to find new housing. They are shared by the tenants and co-residents and cannot be inherited by others. Funds for demolition do not belong to the estate.

The lawyer said that many people think that when the public housing rented by their parents faces demolition, everyone in the family can receive the demolition money, so there are many disputes in the family. In fact, this is a misunderstanding. As mentioned earlier, only the tenant and co-residents who have a household registration in the location of the public housing and have lived with the tenant for two years or more and have no other residence can receive the demolition payment.

The leasehold rights of public housing cannot be inherited, so the demolition money when the public housing is demolished is not an inheritance. However, each case is unique, so it must be analyzed in a targeted manner. When the tenant and co-resident of the public housing exist, the house demolition payment has been issued, then half of the demolition payment belongs to the tenant, and he can use it as he likes to buy or rent a house. When the lessee dies, this half of the assets becomes his personal estate for his children to inherit. If the tenant dies before the demolition money is issued, the demolition money will belong to the co-residents and will not be part of the tenant's personal inheritance and cannot be inherited by others.