Beijing Municipal Authority Issues Administrative Penalty Notice to Real Estate Brokerage Co.

Strategic Insights -

The Beijing Municipal Authority, specifically the Chaoyang District Housing Administration Bureau, has issued an administrative penalty notice to Beijing Dazhan Real Estate Brokerage Co., Ltd. for allegedly violating Article 40 of the "Beijing Housing Lease Regulations." The investigation revealed that the company failed to register its housing rental business with the local housing authority, despite evidence supporting this fact. The company was ordered to correct the violation within 15 days, but failed to do so, resulting in the proposed administrative penalty of a fine of RMB 100,000.

Key Takeaways:

  • The Beijing Municipal Authority issued an administrative penalty notice to Beijing Dazhan Real Estate Brokerage Co., Ltd. for violating Article 40 of the "Beijing Housing Lease Regulations."
  • The investigation revealed that the company failed to register its housing rental business with the local housing authority, despite evidence supporting this fact.
  • The company was ordered to correct the violation within 15 days, but failed to do so, resulting in the proposed administrative penalty of a fine of RMB 100,000.
  • Article 47 of the Beijing Housing Lease Regulations requires real estate brokerage agencies to register with the local district housing and urban-rural development authority within 30 days from the date of obtaining their business license.
  • The proposed fine of RMB 100,000 is within the range specified in Article 67 (1) of the Beijing Housing Lease Regulations, which provides for fines of not less than RMB 20,000 but not more than RMB 100,000 for failure to register in accordance with the provisions of Article 27 or Article 40.
  • The company has the right to make statements and defenses, and to request a hearing within five business days of receiving the notice.

Statistics:

  • The proposed administrative penalty is a fine of RMB 100,000.
  • The company has 30 days to correct the violation and avoid the imposition of the fine.
  • The fine is within the range specified in Article 67 (1) of the Beijing Housing Lease Regulations.
  • 7 days have passed since the company was ordered to correct the violation, resulting in a proposed fine of not less than RMB 70,000 but not more than RMB 100,000, according to the "Beijing Housing and Urban-Rural Development System Administrative Penalty Discretion Benchmark."

Sources:

  • Beijing Chaoyang District of Beijing Municipality news release
  • Article 40 of the "Beijing Housing Lease Regulations"
  • Article 47 of the Beijing Housing Lease Regulations
  • Article 67 (1) of the Beijing Housing Lease Regulations
  • "Beijing Housing and Urban-Rural Development System Administrative Penalty Discretion Benchmark" (Benchmark No. C1671200B040)
  • Administrative Penalty Law of the People's Republic of China
  • Implementation Measures for the Administrative Penalty Hearing Procedures of Beijing