8. Mediation and settlement of disputes over public housing rights (1) Overview of disputes over public housing rights Among the many disputes involving public housing, disputes over rights of residence (reflected in litigation as transfer disputes) are more prominent. , mediate and handle types of disputes that are very difficult to deal with. The parties to this type of dispute are generally members of the same family, and the situation is complex and diverse. It mainly takes the following three forms: First, disputes over the right of residence caused by other family members who are not living together illegally occupying public housing, such as adult married children who have been assigned a unit. They may have purchased commercial housing outside the home, but they still occupied the public housing rented by their parents on the grounds that it was inconvenient to go to work and their children had difficulty studying, thus causing conflicts. The second is the dispute caused by the public housing tenant infringing on the residential use rights of the people living with him. For example, during the relocation of public housing, the tenant signed a monetary resettlement agreement with the relocated person, and after receiving the money, he refused to pay other people who had no house to live in. Family members are resettled; or when the tenant transfers the right to rent public housing, he promises to solve the housing problems of the people living with him in exchange for the signature of the people living with him, but then ignores the housing problems of the people living with him, resulting in disputes. The third is the dispute over the right of residence that arises during the normal use of public housing. For example, if the parents are the tenants of the public housing, the children or other relatives are not illegally occupying the property, but meet the conditions of the same residents. However, due to the great conflict between the two parties, The house is relatively small, and one party requires the other party to move out of the house, resulting in a dispute over the right of residence. When dealing with such disputes, we must focus on three factors: First, the source and contribution of the house. If the public housing is the income allocated by the unit, it is necessary to check the original allocation situation, who is the recipient, who is the total number of recipients, how many people are allowed to move in, etc.; if the public housing is the income obtained from market purchase, it is necessary to analyze the purchase motivation, capital contribution, Change of household registration, etc. The second is the examination and control of the identity of the people living together. For those who have enjoyed the national welfare housing allocation policy or unit monetary housing allocation subsidies and have no difficulty in living, the conditions for identifying their co-residents must be strictly controlled to reflect the sanctions against those who illegally occupy public housing. The third is the practical feasibility of relocation. In a dispute over the right of residence of both parties, if one party has room to move, he or she can request the other party to move based on the discretionary compensation to avoid intensification of the conflict. Of course, if one party maliciously occupies public housing and then sells his own house to others, resulting in the current situation of no house to live in, the practical feasibility of moving out should not be considered too much. Instead, the infringer should be allowed to move out immediately and move out on his own. Solve the housing problem. (2) Principles and methods for the mediation and settlement of disputes over the right to live in public housing 1. Accurately grasp the meaning of co-residents. According to the definition in Opinions (2) of the Shanghai Housing and Land Bureau on the Implementation of the "Shanghai Housing Rental Regulations", *** co-residents are Refers to people who have actually lived in the rented house for more than 1 year (except for special circumstances) when the lessee of a public residential house dies or changes the lease relationship, and there is no other housing in the city or although there is other housing, it is difficult to live, married, Birth is not subject to the above conditions. The definition of co-residents in this article has the following characteristics: first, the applicable situation is when the lessee dies or changes the lease relationship; second, it does not require a permanent residence in this city or elsewhere; third, the original tenant If the person or the spouse and children of the person who lives together with the person actually live there due to marriage or birth, they are not subject to the above-mentioned one-year and housing conditions in other places. ***Co-residents include not only *** co-residents in public rental housing, but also *** co-residents in property-owned houses. Therefore, an accurate understanding of the concept of co-residents will help clarify the relevant rights and obligations during mediation. 2. Use flexible methods to realize the conversion of residence rights. In some disputes, family members in the house all enjoy the right of residence, but due to the deterioration of the relationship, they are indeed unable to continue living together. Therefore, flexible methods can be adopted during mediation to protect the legitimate rights and interests of all parties. resolve disputes. The first is to separate the right of residence from the actual living situation. If a child who has the right to live in a public house purchases another commercial house, it can be confirmed that he or she has the right to live in the public house, and the child can be accommodated to live in a self-purchased commercial house by his parents. Ensure that the children will enjoy the rights and interests when public housing is demolished in the future; second, use methods such as house exchange to reasonably arrange the living quarters of the family members who are moved out. For example, one large house can be replaced by two small houses for family members to live separately to avoid conflicts. Third, if house exchange is not possible, certain monetary compensation can be given to family members who have the right to live but cannot live together, and under this premise, they can be moved out of the house. (3) Legal provisions regarding disputes over the right to live in public housing Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly (Excerpt) (Adopted at the 21st Session of the Standing Committee of the Eighth National People's Congress on August 29, 1995, Effective from October 1, 1996)...Article 13: Caregivers shall properly arrange housing for the elderly and shall not force the elderly to move to houses with poor conditions. Children or other relatives are not allowed to occupy the houses owned or rented by the elderly, nor are they allowed to change the property rights or lease relationships without authorization. For the houses owned by the elderly, the caregivers have the obligation to maintain them.

...Shanghai Regulations on the Protection of the Rights and Interests of the Elderly (Excerpt) (Adopted at the fourth meeting of the Standing Committee of the Eleventh People's Congress of Shanghai on August 18, 1998, and came into effect on January 1, 1999) ...Article 14 The elderly have the right to possess, use, benefit from, and dispose of their legitimate income and other property in accordance with the law, and their children or other relatives shall not interfere with their rights to possess, use, benefit from, and dispose of. . If adult children with the ability to live independently request financial assistance from the elderly, the elderly have the right to refuse. Adult children or other relatives may not forcibly extort or deduct the property of the elderly on the grounds of unemployment or other reasons. Elderly people have the right to inherit the inheritance of their parents, spouse, children or other relatives in accordance with the law, and have the right to receive gifts. Children or other relatives may not embezzle, rob, transfer, conceal or destroy the inheritance that should be inherited by the elderly. When an elderly person makes a will to dispose of personal property or signs a legacy and support agreement with others in accordance with the law, children or other relatives are not allowed to interfere. Article 15 The caregivers shall properly arrange housing for the elderly and shall not force the elderly to move to housing with poor conditions. Children or other relatives may not occupy the houses owned or rented by the elderly, nor may they change the property rights or lease relationships without authorization. When handling procedures such as the transfer, transfer, exchange and household registration transfer of the elderly's owned or rented housing, the personnel of the housing and land management department or the public security department shall obtain the consent of the elderly in person and check the written materials signed by the elderly. For housing purchased and built by the elderly and their children or other relatives jointly, the elderly shall enjoy the corresponding ownership and residence rights of the house in accordance with the law. If children or other relatives contribute money to purchase the house that an elderly person originally rented or lived in, a written agreement must be signed to ensure the elderly person's right to continue to live there. If children or other relatives borrow the elderly person's house for use with the elderly person's consent, they must return it promptly within the agreed period without unreasonable delay. If children or other relatives living in a house owned by an elderly person are assigned a house by an employer or purchased by themselves, if the elderly person does not agree with their continued residence, they must move out in a timely manner. If the housing allocated by the unit where the children work or the housing relocated or renovated includes the elderly's share, the elderly shall have the same rights as their children. For the homes owned by the elderly, the caregivers have the obligation to maintain them. ...... Property Rights Law of the People's Republic of China (Excerpt) (Adopted at the fifth session of the 10th National People's Congress on March 16, 2007, effective from October 1, 2007) ... ...Chapter 3 Protection of Property Rights Article 32 If property rights are infringed upon, the right holder may resolve the matter through reconciliation, mediation, arbitration, litigation and other channels. Article 33 If a dispute arises over the ownership and content of property rights, interested parties may request confirmation of rights. Article 34 If the right holder has no right to possess real estate or movable property, the obligee may request the return of the original property. Article 35 If a property right is interfered with or is likely to be interfered with, the right holder may request that the obstruction be eliminated or the danger eliminated. Article 36 If any real estate or movable property is damaged, the obligee may request for repair, redoing, replacement or restoration to its original condition. Article 37 If property rights are infringed and cause damage to the right holder, the right holder may request compensation for damages or other civil liabilities. Article 38 The property rights protection methods stipulated in this chapter may be applied individually or in combination according to the circumstances in which the rights are infringed. In addition to civil liability for infringement of property rights, those who violate administrative regulations will bear administrative liability in accordance with the law; if it constitutes a crime, criminal liability will be pursued in accordance with the law. Part 2 Ownership Chapter 4 General Provisions Article 39 The owner shall have the right to possess, use, benefit from and dispose of his own real estate or movable property in accordance with the law. Article 40 The owner has the right to establish usufruct rights and security rights in his or her real estate or movable property. Usufruct holders and security holders shall not infringe upon the rights and interests of the owner when exercising their rights. ...Article 64 Private individuals have ownership rights to their lawful income, houses, daily necessities, production tools, raw materials and other real and movable properties. ...... Article 66 Private legal property is protected by law, and any unit or individual is prohibited from appropriating, looting, or destroying it. ......Article 106. If the person without the right to distribute real estate or movable property transfers it to the transferee, the owner has the right to recover it; unless otherwise provided by law, if the following circumstances are met, the transferee shall obtain The ownership of the real estate or movable property: (1) The transferee transfers the real estate or movable property in good faith; (2) The transfer is at a reasonable price; (3) The transferred real estate or movable property has been registered in accordance with the law, and What does not require registration has been delivered to the transferee. If the transferee obtains the ownership of real estate or movable property in accordance with the provisions of the preceding paragraph, the original owner shall have the right to request compensation for losses from the person without the right to dispose of the property. If the parties acquire other property rights in good faith, the provisions of the preceding two paragraphs shall apply. ...... (4) Cases concerning disputes over the right to live in public housing. You cannot become a co-resident of public housing without living there for one consecutive year. Wei is Wu’s youngest daughter-in-law. In 1987, Mr. and Mrs. Wei obtained the right to rent a house in Meilong No. 2 Village of this city through allocation, and the leasehold name was Wei.

In 1990, Wei exchanged the house in Meilong No. 2 Village and obtained the lease right of a house on Jiangning Road in this city. The leaseholder name was Wei. In 1997, Wei's husband moved Wu's household registration from Meilong No. 3 Village in this city to a house on Jiangning Road in this city, taking into account the possible relocation of the house in question in the future. The housing in Meilong San Village is public housing allocated to Wu and his eldest son's family, and the tenant is Wu's eldest son. In February 2006, Wu sued the court, requesting confirmation that he had the right to live in the house on Jiangning Road in this city. Wei argued that although Wu's household registration was on Jiangning Road, he never lived in that house, but lived in Meilong San Village. Wu is not the co-resident of the house on Jiangning Road and does not agree with Wu’s appeal. The court held that, according to the "Shanghai House Leasing Regulations" and the Shanghai Housing and Land Resources Administration's relevant interpretations of "*** co-residents", "*** co-residents" are: those who have actually lived in public housing for more than 1 year (Except for special circumstances), and those who have no other housing in the city or who have other housing but have difficulty living, their marriage and birth are not subject to the above conditions. Based on the actual situation of this case, first of all, Wu enjoyed the public housing allocated by the state in 1992 and became the co-resident of the house in Meilong Village. Secondly, although Wu’s household registration is in the house involved in the lawsuit, according to Wu’s statement, he took turns living in the houses in Meilong Village and Jiangning Road. Therefore, Wu did not regard the house involved in the lawsuit as a long-term stable residence, nor did he actually live in the house involved in the lawsuit for more than one consecutive year. Thirdly, Wu did not have the special circumstances of marriage or birth mentioned in the above explanation. Therefore, Wu is not the co-resident of the house on Jiangning Road in this city involved in the lawsuit. Accordingly, the court ruled to reject Wu’s lawsuit. If a public housing tenant has acquired the nationality of another country, does he still have the right to rent? Zhu Jia and Mei are husband and wife. In the 1980s, Zhu Yi's family went abroad and settled in Canada. The house rented by Zhu Yi on Nanjing West Road in Shanghai was occupied by Zhu A and Mei for some reason. The household registration of Zhu Yi's daughter Hou still remains in the disputed house. Inside. A few years later, Zhu Yi obtained Canadian citizenship. In June 1990, Hou's household registration was cancelled. In November of the same year, Zhu Jia's household registration was registered in the department's dispute room. In 1997, Zhu Yi returned to China to visit relatives without raising any objection. In December 2000, Mei's household registration was also registered in the disputed house. In April 2006, the land parcel where the disputed house belonged was demolished. On April 16, 2006, Zhu Jia and Mei signed the "Shanghai Urban Residential House Demolition Compensation and Resettlement Agreement (Applicable Value Standard House Exchange)" with a Shanghai real estate development company. In the column of Party B being demolished in the agreement, the lessee of the house is listed as Zhu B, and the signatures of Party B on the agreement are Zhu A and Mei. The agreement stipulates that Party A (the demolition party) compensates Party B with a monetary amount of 851,383 yuan; Party A will resettle Party B's house on Yanping Road, Shanghai, with a construction area of ??120.29 square meters and a total price of 1,472,147 yuan; the difference between the resettlement house and the monetary compensation is 620,764 yuan Yuan. Other matters in the agreement stipulate that according to Party B's request: the property owner of a house on Yanping Road is Zhu A, and the owner is Mei (the original lessee, Zhu B, has settled in Canada). On the same day, Zhu A and Mei issued a letter of commitment stating that the original tenant Zhu B went to Canada to settle in March 1984 and has lost contact with her; if any disputes arise due to relocation in the future, we are willing to negotiate and properly resolve them in accordance with the relevant documents of the municipal government. Subsequently, the demolition agreement was fulfilled between Zhu Jia, Mei and the demolition party. Now Zhu Yi is suing the court to order Zhu A, Mei and the demolition unit *** to jointly pay compensation for the demolition and relocation of the house on the grounds that he is the lessee of the house in dispute and the house demolition and resettlement fees should belong to Zhu Yi. The resettlement fee is 963,297 yuan. After trial, the court held that Zhu Yi canceled his household registration and settled in Canada in 1984, and obtained Canadian citizenship a few years later. According to the relevant provisions of the "Shanghai Housing Leasing Regulations", as long as the tenant's household registration moves out of the city, the co-residents in the leased household can apply to change the lease rights without the consent of the original tenant. During the demolition in April 2006, the demolition unit took into account the factor that the leasehold name of the demolished house had not been changed. While retaining Zhu Yi's rights, it signed an agreement with the actual residents Zhu A and Mei, and expressed Zhu B's share It should be resolved through negotiation between both parties. The court recognized the opinion of the demolition unit and held that the resettlement work of the demolished households should first ensure and solve the housing problems of domestic citizens, and secondly balance the interests of all parties. Since the two parties had large differences on the specific amount, the court comprehensively considered the above circumstances and made a judgment as appropriate to determine that the demolition and resettlement fee due to Zhu B was 200,000 yuan, which was to be paid by Zhu A and Mei to Zhu B.