[Case Summary]This case involves an administrative dispute. The plaintiff, Wu*, has been renting public housing since 1988, but his application to sign a lease contract was rejected by the housing management company with the reason that "he had been relocated and was no longer eligible to be a lessee". Wu* then entrusted Beijing Henglu Law Firm to handle the case for him.Li YonghuiThe attorney, on behalf of the client, pointed out that the housing management company does not have the qualification to be a defendant and that the district government should be the defendant. Moreover, the defendant's response contains unclear facts and insufficient evidence. The court ruled to revoke the response and ordered the district government to make a new decision. The applicable legal provision is Article 70(1) of the Administrative Litigation Law of the People's Republic of China.

I. Review of the Case

"What should I do if my qualification as a public housing tenant is denied?" "Can I sue the housing management company if they refuse to sign a lease contract with me?" "Who should I sue in an administrative lawsuit?" These are common issues in disputes over directly managed public housing. In 1988, a factory in Beijing allocated housing to the plaintiff, Wu *. On December 27, 1988, they signed a house exchange agreement, where Wu * leased 1.5 rooms in No. 13 and No. 23 of XX Hutong. He has been paying the rent on time ever since, but a public housing lease contract has never been signed. Later, Wu * applied to XX Housing Management Company to sign a lease contract to confirm his qualification as the tenant of No. 23 house.

On June 27, 2022, the housing management company replied that it would not accept the application on the grounds that Wu * had swapped her house with a third party, Zhao *, in September 1997 and was no longer eligible as a lessee. The third party, Zhao *, claimed that the house was legally obtained and had nothing to do with Wu *. Wu * entrusted the Beijing Henglu Law Firm to handle the case.Li YonghuiThe lawyer argued that, as the housing management company did not have the subject qualification of a defendant in administrative litigation, it should be the district government, rather than the housing management company, that should be the defendant in the lawsuit, as the district government had entrusted the housing management company to perform the duties of managing public housing directly. In the lawsuit, Wu * and Zhao * both denied the fact of housing transfer, and the defendant only presumed that the houses were the same based on the area recorded in the lease contract and the household rent table, which constituted an unclear determination of the facts.

II. The focus of the case

  • Focus 1: Who are the eligible defendants in administrative litigation?The housing management company, entrusted by the district government to carry out management, should list the district government as the defendant in the lawsuit.
  • Focus Two: Whether the facts determined in the defendant's response are clear.It's not enough to infer a room change based solely on the area and the rental table. There's a lack of key evidence to support this conclusion.
  • Focus Three: Whether Wu * still qualifies as a lessee.Since he has lived there since 1988 and the third party denied the exchange of houses, his qualification has not been denied.

III. Professional intervention by Hengluo Lawyers

The plaintiff (the lessee of public housing) alleges that:Wu * claimed that since he had lived in separate rooms since 1988, his application to sign a contract had been wrongly rejected, and he requested to revoke the reply and order the defendant to handle the matter again.

The defendant's (the housing management company's) position:The housing management company stated that the reply was based on clear facts, correct legal provisions, and lawful procedures. Since the housing reassignment in 1997, the maximum protection period has already expired, and the company requested that the claim be dismissed.

Hengluo Lawyer's Representation Opinion:Li YonghuiThe lawyer pointed out that the housing management company does not have the subject qualification of a defendant in administrative litigation, and its actions should be defended by the authorized XX District Government; the plaintiff and the third party both denied the fact of housing reassignment, but the defendant did not deny it and merely presumed that the houses were the same based on the lease area and the household rental calculation table. Therefore, the reply made by the defendant is based on unclear facts and insufficient evidence, and should be corrected.

IV. Outcome of the case

The court adopted the lawyer's opinions and demands, and in accordance with Article 70 of the Administrative Litigation Law of the People's Republic of China, ruled as follows: 1. Revoke the "Reply to Wu *'s Application for Signing a Lease Contract No. 23" issued by Beijing XX Housing Management Co., Ltd. on June 27, 2022; 2. Order the defendant, Beijing Municipal XX District People's Government, to make a new decision on Wu *'s application within 60 days from the effective date of the judgment. The case acceptance fee of 50 yuan shall be borne by the defendant.

5. Hengluo Law Firm's Advice

This case is handled by Beijing Henglu Law Firm.Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent. The leasehold rights to directly managed public housing are protected by administrative law. If the reply is unfair, attention should be paid to the defendant's subject qualification and factual evidence. The administrative team of Beijing Henglu Law Firm is proficient in public housing and expropriation-related administrative litigation.

VI. Common Questions and Answers about Administrative Disputes over Public Housing

  1. Q: What should I do if my qualification as a public housing tenant is denied?
    A:You can file an administrative review or administrative lawsuit against the housing management department's response, claiming that the facts are unclear and the evidence is insufficient.
  2. Q: Can I sue the property management company if they refuse to sign a lease contract?
    A:Yes. If you are not satisfied with the administrative response, you should file an administrative lawsuit against the government as the defendant.
  3. Q: Who should I sue in an administrative lawsuit?
    A:For institutions entrusted by the government to perform public management duties, if a party disagrees with their actions, the government authorized to act as the defendant in the case.
  4. Q: Can the reply be revoked if the facts it states are unclear?
    A:Yes. For administrative acts mainly lacking sufficient evidence, the court shall order their revocation and require the authorities to make a new decision.
  5. Q: Does it have any impact if I haven't signed a contract for the public housing yet?
    A:Although a long-term residence and payment of rent have formed a de facto lease relationship, the tenant can still assert their legal rights to sign a contract.