MADHYA PRADESH RENTAL HOUSING POLICY 2021 - (DRAFT) - Atal Bihari Vajpayee Institute of Good
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MADHYA PRADESH RENTAL HOUSING POLICY 2021 (DRAFT) SUBMITTED TO URBAN DEVELOPMENT AND HOUSING DEPARTMENT GOVERNMENT OF MADHYA PRADESH BY CENTRE FOR URBAN GOVERNANCE Atal Bihari Vajpayee Institute of Good Governance and Policy Analysis
Atal Bihari Vajpayee Institute of Good Governance and Policy Analysis (AIGGPA) is an academic think tank of the Government of Madhya Pradesh vested with the responsibility of advising the State government to enact on issues concerning overall welfare and ensuring wellbeing of the society. Established in March 2019, the Centre for Urban Governance, the newest centre at the AIGGPA, has drafted the Rental Housing Policy for Madhya Pradesh, after wide consultations for the Department of Urban Development & Housing, GoMP.This daft policy document has been prepared by the Centre for Urban Governance, Atal Bihari Vajpayee Institute of Good Governance and Policy Analysis (AIGGPA) for the state government to facilitate and give an impetus to the rental market across the state. The UD&HD has already taken up the task to bring forth the Model Tenancy Act by inviting public opinion for necessary amendments and its implementation in the state. The Centre for Urban Governance, AIGGPA has also given its proposals/recommendations for necessary modifications in the Model Tenancy Act, which may further be adopted as the Madhya Pradesh Tenancy Act 2020/2021. Contributions & Acknowledgements The study was conducted and drafted under the guidance of Shri Manish Rastogi, Director General, AIGGPA. Shri Girish Sharma, Director-cum-Principal Advisor, Centre for Urban Governance (CUG), AIGGPA, led the effort with the able support and project co-ordination of Ms. Mausmi Hajela, Advisor, AIGGPA. The team included Ms. Saloni Khandelwal and Ms. Ira Jain, Research Associates, Centre for Urban Governance, AIGGPA. Shri Anshul Puriya, Advisor,CUG, AIGGPA, extended technical and logistic support. Consulting was given by Dr. Uttam. K. Roy, Associate Professor, Department of Architecture and Planning, Indian Institute of Technology (IIT), Roorkee, Consultant, CUG, AIGGPA with team members Ms. Saptami Sarkar, Ms. Dikchha Tiwari, Dr. Rewati Raman and Ms. Ushnata Dutta, Research Associates, IIT, Roorkee. CUG, AIGGPA is grateful for the comments and inputs from officers of the Directorate of Urban Administration and Development (UADD) GoMP, Ms. Ruchika Chauhan, Additional Commissioner, UADD, Ms. Meenakshi Singh, Additional Commissioner, UADD,Shri Neelesh Dubey, Deputy Director, UADD and Shri. G.S. Saluja, Suprintending Engineer, UADD. CUG, AIGGPA gratefully acknowledges the valuable contribution through consultations and support by: • Prof.Souvanic Roy, Professor, Department of Architecture, Town and regional Planning, IIEST, Shibpur • Prof.K.K.Pandey, Professor, Urban Management and Coordinator, Centre for Urban Studies, IIPA, New Delhi • Shri A.K.Sen, JGM(Eco.), HSMI, HUDCO, Delhi • Prof. Binayak Choudhury, Professor, Department of Urban and regional Planning, SPA Bhopal, • Shri Amogh Gupta, Senior Architect, Chairman, SPA, Delhi • Prof. Debolina Kundu, Senior Professor, NIUA,Delhi • Dr. Upasana Mahanta, Professor (JGLS), Director of the Office of Student Life & Cultural Engagement and Executive Director, Centre for Women, Law & Social Change, O.P. Jindal Global University, Gurugram • Shri Swastik Harish, Lead, Urban Practitioners' Programme, IIHS, Bangalore • Shri Deepanshu Mohan, Associate Professor of Economics & Director, Centre for New Economics Study, O.P. Jindal Global University, Gurugram • Shri Shantanu Saxena, Lawyer, Legal Advisor, CREDAI, and • Shri Ayush Dev Bajpai, Advocate, Bhopal i
TABLE OF CONTENTS ABBREVIATIONS .................................................................................................................................................................... III 1. INTRODUCTION .............................................................................................................................................................. 1 2. NEED FOR THE RENTAL HOUSING POLICY, 2021 ..................................................................................................... 2 3. POLICY VISION AND OBJECTIVES .............................................................................................................................. 3 4. DEFINITIONS................................................................................................................................................................... 3 5. MPRHP POLICY FRAMEWORK ..................................................................................................................................... 5 6. GUIDING PRINCIPALS ................................................................................................................................................... 5 7. INCLUSIVE TARGET GROUPS AND STAKEHOLDERS .............................................................................................. 6 8. RENTAL HOUSING OPTIONS ........................................................................................................................................ 9 9. DEMAND AND SUPPLY SIDE INTERVENTIONS ........................................................................................................ 10 10. GENERAL PROVISIONS ............................................................................................................................................... 13 11. ROLES AND STRATEGIC ACTION PLAN ................................................................................................................... 16 12. SPECIAL FEATURES OF THE MPRHP .................................................................................................................. 22 13. MONITORING AND REVIEW OF MPRHP.............................................................................................................. 25 ii
ABBREVIATIONS AIGGPA : Atal Bihari Vajpayee Institute of Good Governance and Policy Analysis ALMO : Arm’s Length Management Organisation ARHCs : Affordable Rental Housing Complexes BPL : Below Poverty Line BTR : Build to Rent CSR : Corporate Social Responsibility CUG : Centre for Urban Governance EWS : Economically Weaker Section FSI : Floor Space Index FAR : Floor Area Ratio HFC : Housing Finance Company HIG : High Income Group IIT : Indian Institute of Technology IT : Information Technology ITeS : Information Technology Enabled Services JnNURM : Jawaharlal Nehru National Urban Renewal Mission LIG : Lower Income Group MIG : Medium Income Group MoHUA : Ministry of Housing and Urban Affairs MoHUPA : Ministry of Housing and Urban Poverty Alleviation MPRHP : Madhya Pradesh Rental Housing Policy MTA : Model Tenancy Act NGO : Non-Government Organisation PMAY : Pradhan Mantri Awas Yojana PMAY-U : Pradhan Mantri Awas Yojana- Urban PPP : Public Private Partnership PPPP : PublicPrivatePeoplePartnership PRH : Public Rental Housing PSL : Priority Sector Lending PSU : Public sector Undertaking REIT : Real Estate Investment Trust RREIT : Residential Real Estate Investment Trust iii
RRMCs : Residential Rental Management Companies RWA : Residential Welfare Association SPV : Special Purpose Vehicle SRH : Social Rental Housing TDR : TransferableDevelopment Rights TOD : Transit Oriented Development UD&HD : Urban Development and Housing Department ULBs : Urban Local Bodies iv
MadhyaPradesh Rental Housing Policy2021 1. INTRODUCTION 1.1. Housing is a process in human life, not a destination always. People often start this journey with a rental home. There may be two reasons for which rented home is preferred. First, the affordability and second, the deliberate choice due to transitional stages of life requiring a short duration stay. 1.2. Classically, family-based and ownership-based housing has been the mainstream housing provision in India post-independence except for few practices with the improvement trusts in the cities and thereafter in the development authorities. The general state of affairs of rental housing and the terms of rental contracts suffered due to archaic rental acts in the states. As a result, rental housing became a second choice thereby affecting the housing availability for common people. This needs a change. 1.3. Considering the need, in2005, the centrally sponsored program, JnNURM envisaged the reform in the rental act as a major urban reform. The National Urban Rental Housing Policy 2015 (Draft) was formulated to give way to the formulation of state Rental Housing Acts. Thereafter the Ministry of Housing and Urban Affairs (MoHUA) released the draft Model Tenancy Act (MTA), 2019, which aimed to regulate rental housing by a market-oriented approach while balancing the interests of landowner and tenant at the same time. It aims to generate, regulate, and address rental housing's current problems, enabling state governments to frame appropriate Acts. While the previous Rent Control Act, 1948, and subsequent State-wise Urban Rent Control Actshad various loopholes that resulted in many issues, straining landlord and tenant relationships and landlords dredging to give their property on rent, the new MTA aim to bridge this gap. 1.4. For the state of Madhya Pradesh, the existing Madhya Pradesh Parisar Kirayedari Adhiniyam, 2010 provides the broad framework of the tenancy and its handling. The Government of Madhya Pradesh, as one of the forward-looking governments, wishes to bring forth both the Rental Housing Policy and the Tenancy Act in the year 2020/21. This policy lays the foundation for the provisioning of rental housing in Madhya Pradesh. 1.5. The Madhya Pradesh Rental Housing Policy (MPRHP), 2021, focuses on inclusive access to rental housing for all social groups. For this, it adopts a multipronged approach including legal and regulatory measures, the involvement of Private Sector, Cooperative, Non- Governmental Sector, Industrial Sector (for labor housing), and the Services/Institutional Sector (for employee housing), to promote rental housing. The Policy seeks to promote various types of partnerships for the promotion of rental housing. 1
2. NEED FOR THE RENTAL HOUSING POLICY, 2021 2.1. The need for a comprehensive Rental Housing Policy has arisen due to the lack of affordable housing for all sections of the society despite vacant inventories in the private as well as government pool. The need for affordable housing has increased by the shifting socio-economic landscape such as rising middle class, a large population in urban areas migrating to cities for livelihood, and households living below the poverty line in urban areas who cannot afford to buy homes. As per government reports, the urban housing shortage is estimated at 18.78 million units in India. 2.2. The population of M.P. increased from 6.03 crores in 2001 to 7.26 crores in 2011. The expected population growth rate of MP over the period 2011-2030 is 27% which is more than the growth rate of the country (26%). As per census 2011 there are around 10,21,484 vacant houses in Madhya Pradesh and on the other hand there are around 1,46,435 houseless population in the state. 2.3. With the rapidly growing effect of the pull factors of urban spaces of Madhya Pradesh, the shift from rural to the urban population has raised the demand for housing, and the existing housing lot is either insufficient or is not affordable by all. This creates a scope for an alternative option, i.e., rental housing. 2.4. The crucial question is not that the poor households have a demand for ownership, but whether ownership housing is accessible to them. Rental housing today is an integral part of the housing tenure systems in cities, towns and villages. It is integral to the stages of a common man’s upward mobility from rented house to ownership housing. Renting a house happens to be a pragmatic and deliberate choice due to choices of migration, mobility, and flexibility in managing household finances at different stages of life. 2.5. Hence, affordable housing must be supported by affordable rental homes so that more people can be absorbed into the housing ecosystem. With infrastructure status being accorded to affordable housing, the promotion of rental housing can be an opportunity to boost the real estate sector for the government as well as private players in Madhya Pradesh. 2.6. The stakeholders for a rental housing policy i.e., the landlords, tenants, and investors must be enabled to develop and use rental housing in a flexible way to satisfy their respective needs and maximize asset values. The flexibility factor makes rental housing an integral part of well-functioning housing markets. Thus, it becomes an important task for policymakers to understand the intricacies of the rental housing scenario (both formal and informal) and formulate effective, flexible policies to regulate and promote such housing. 2
3. POLICY VISION AND OBJECTIVES 3.1. The Rental Housing Policy envisages the following vision: Provide a roadmap for the state of Madhya Pradesh for creating an ecosystem of variety of rental housing which are inclusive, equitable & accessible for all to reduce homelessness and to enhance investment in real-estate through a transparent and accountable system of governance. 3.2. To achieve such vision, The Rental Housing Policy envisions the following objectives: 3.2.1. Create an enabling environment to provide adequate and inclusive rental housing in cities and regions of Madhya Pradesh. 3.2.2. Address the challenges faced by various stakeholders in dealing with rental housing by providing a comprehensive, accessible and enabling legal framework (the owners, tenants, developers, investors, departments, and agencies). 3.2.3. Facilitate the reduction of homelessness by supplying more affordable rental housing for the poor and different social groups. 3.2.4. Attract investments in the rental housing sector and ensure the resultant increase of employment in the affordable housing sector, thereby boosting real estate in Madhya Pradesh. 3.2.5. Provide an enabling organizational and administrative framework to achieve transparency and accountability in rental housing. 4. DEFINITIONS1 4.1. “Formal rental housing” means rental housing based on an agreement entered into between the owner and the tenant, which is registered with the competent authority under the law for the time being in force; 4.2. “Informal rental housing” means rental housing that is not based on an agreement entered into between the owner and the tenant, and is not registered with the competent authority under the law for the time being in force; 4.3. ‘‘Market Driven/Private Rental Housing’’ means rental housing provided by individual owners or institutions/entities or private rental housing operators (such as hostel owners) wherein owners finance the construction and management of rental housing, independent of government assistance; 4.4. “Need-Based Rental Housing” means rental housing based on the need/requirement of different groups (such as students, teachers, working women/men, nurses, construction workers, migrants) who have a source of income but find it difficult to afford the rent towards rental housing; 1The definitions mentioned except for short duration stay have been referred from the National Rental Housing Policy 2015 by MoHUA 3
4.5. “Owner” means a person who, for the time being, is receiving, or is entitled to receive, the rent of any residential rental premises, whether on his own account or on account of or on behalf of, or for the benefit of, any other person, or as a trustee, guardian or receiver of any person/institution who would so receive the rent or be entitled to receive the rent, if the premises were let to a tenant, and shall include his successor-interest; 4.6. “Public Rental Housing” means social rental housing that is owned by the Government, local authority or its entities; 4.7. “Property Manager” means a person or company who is employed by the owner to manage the residential rental premises and who represents the owner in his dealings with the tenant; 4.8. “Rental Housing” means a property occupied by someone other than the owner, for which the tenant pays a periodic mutually agreed rent or compensation to the owner; 4.9. “Residential Rental Premises” means any building or part of a building which is or is intended to be let separately for the purpose of residence of the tenant and includes- (a) any fixtures and fittings in such premises for the beneficial enjoyment thereof of the tenant; and (b) the garden, grounds, parking, garage, out-houses, etc. let out along-with the premises to the tenant; Explanation: - For the purposes of this definition it is clarified that the definition of ‘residential rental premises’ does not include hotels, lodging houses, dharamshalas or inn etc. “Shelter” means a covered structure that provides protection from the weather or danger for lodging of persons on a temporary basis with basic minimum civic facilities such as water, sanitation, electricity etc. 4.10. “Social Rental Housing (SRH)” means rental housing in which the rent is set at a level below the market rates to make it affordable for poor people (Economically Weaker Section &Low-Income Group). It may be owned and managed by the Government, local authorities, public sector undertakings, non-profit organizations, private or any others charitable institutions; 4.11. "Short duration stay" means a building or part of a building where lodging with or without board or other services is provided in exchange of monetary consideration for a minimum duration of 15 days to 6 months with or without any rent agreements; 4.12. “Incentives” means a payment or concession to stimulate greater output or investment in rental housing, which may be fiscal and/or non-fiscal incentives (such as grants, low- interest loans, tax abatements etc.) that promote housing to be accessible to those that cannot afford market rents; 4.13. “Tenant” means a person who has entered into a rental housing agreement, for any residential rental premises, with the owner, in lieu of rent payable towards the same. For 4
MPRHP, meaning of tenants also include persons requiring any short duration stays (like boarding house, paying guests, shelter home etc. for fifteen days to six months) in home or part of it as a basic shelter with or without rental agreements; 4.14. “Below Poverty Line (BPL)” means a person holding a BPL card issued by the State Government from time to time; 4.15. “Economically Weaker Section (EWS) means households having an annual income up to Rs. 3,00,000 (Rupees Three Lakhs); 4.16. “Low Income Group (LIG)” means households having an annual income above Rs.3,00,000 (Rupees Three Lakhs) and up to Rs. 6,00,000 (Rupees Six Lakhs) *. *States/UTs shall have the flexibility to redefine the annual income criteria as per local conditions in consultation with the Centre. 5. MPRHP POLICY FRAMEWORK 5.1. MPRHP aims to present the intent, principles, provisions, expectations and strategic options in a sequential manner. The policy presents the following sections covering the provisions and its outcome • Guiding principles • Inclusive target groups and stakeholders • Rental housing options- • Demand-side and supply-side interventions • General provisions • Roles, Responsibilities and Strategic action plan • Special feature of the policy 6. GUIDING PRINCIPALS The MPRHP is based on the following guiding principles complaint with the overall vision of the state of Madhya Pradesh. 6.1. Inclusiveness: Covering the rental housing need of all sections of people and addressing the stakeholder’s interests to create such rental housing stocks. 6.2. Transparency and accountability: Inclusion and integration of reform and technological tools in governance at all levels to maintain transparency and accountability in all transactions by the stakeholders seamlessly. 6.3. Ease of accessibility by all: Accessibility of people to the rental housing market, its information, governing authority and enjoying the share of social and financial returns out of the transactions. 6.4. Institutional, policy and scheme convergence: Horizontal and vertical convergence of schemes and other policies by the state, central and local government to enhance the 5
access to rental housing in a quicker time without hassles of dealing with multiple departments. MPRHP aims to a collaborative arrangement between govt, private and other bodies to make meaningful outcomes and fulfilling policy mandates. 6.5. Enhancing the image of the government: MPRHP aims to bring minimal home to even the socially excluded groups towards strengthening the image of the government in the true sense. 6.6. Setting up new benchmarks in rental housing: MPRHP conceptualizes multiple elements of innovations first time in India in a systematic manner and sets the benchmark for next few decades of rental housing market. 6.7. Addressing present as well as future: The policy must provide the development roadmap of rental housing market for next few decades with or without few situational revisions. Thus, it addresses the present need and builds for future generations. 6.8. Boosting private as well as public housing: MPRHP wishes to boost the variety of public, private and joint ventures beyond the conventional construct of domains of public and private investments. 7. INCLUSIVE TARGET GROUPS AND STAKEHOLDERS 7.1. The MPRHP, in terms of planning and designing its initiatives, aims to adopt a holistic approach where housing acts as a vehicle for poverty reduction, social empowerment, community interaction, and access to health, education and recreational facilities. The five elements viz., the people, community, local activities, place, and resources are made to the interface by planning. Keeping these in view, the approach has been made inclusive to include every section of the society with different needs, affordability, and economic and social status, and the following target groups are focused upon: 7.1.1. Houseless Population: As per 2011 census, in Madhya Pradesh, the houseless population accounts for 1,46,435 numbers, which is quite high and needs housing. Rental housing is a better housing compared to ownership housing considering less and uncertain sources of income of these houseless people. 7.1.2. BPL, EWS and LIG Population: These groups need to be given access to affordable rental housing options as a stepping stone to the housing market leading to ownership-based houses. 7.1.3. PSU/Government Employees: People employed by PSUs or Government Department (both Central and State), but not provided with accommodation. Characterized as economically better off than other migrants, this segment depends on low-cost rental housing in the open market and prefers ownership housing after retirement and can hence be categorized as potential tenants and aspiring home buyers. 6
7.1.4. Tenants due to life constraints: • Slum-dwellers • Migratory workers, in search of employment • Working families who have no access to credit because they have low or non-existent credit records owing to insufficient or irregular income • Destitute • Aged Population • Natural and manmade disaster-affected population • Socially and economically vulnerable people like deserted women, children etc. • Defaulted borrowers 7.1.5. Tenants requiring short-duration stay/ Need driven tenants • Students and exam aspirants • Single working women or men • Construction workers • Relocation due to changed office locations • Transgender requiring short duration stay • Hostellers • Co-living or shared living with or without common facilities • Patients and patient’s family • Paying guests • Single parents • Long duration tourists/visitors 7.1.6. Tenants by choice: • Young couples and singles who want to remain mobile and prefer rental home • Middle- and upper-income professionals who do not desire homeownership • Students requiring rental accommodation for long term • Empty nesters who want to downsize after their children have grown • All other persons who, for work or personal reasons, prefer a shorter-term residence • Others as identified by the State/ULBs The MPRHP, aims to address the diverse need of all these target groups in bringing a variety of housing and shelter options in cities and regions in a systematic market-driven step. However, it is possible to integrate multiple rental housing options for the above categories in same and similar housing projects and investments. 7
7.2. Stakeholders The policy attempts to address the stakeholder's expectations in a more inclusive and equitable way. 7.2.1. The main stakeholders of the policy are as follows: • Tenants: Citizens requiring rental shelter of any form for any duration in any stage of their life • Landlords: Individuals and organisations offering rental house of any scale and to any of the tenant's group • Investors and developers aspiring to develop and manage rental housing of any form • Regulators: Government and competent authorities regulating the rental market and ensuring the policy mandates 7.3. Preserving Social and Economic interest of Stakeholders In order to cater to the interest of every target/interest groups and to increase accessibility to housing for all, the Madhya Pradesh Rental Housing Policy has included the following important provisions: 7.3.1. Making the target groups highly inclusive to bring in every social and economic section in the framework of tenancy by providing them with suitable and need-driven/market-driven governmental/non-governmental housing options as per their requirements and affordability. 7.3.2. Serving the needs of tenants requiring short duration stay. This exigency is newly introduced in this Policy.It shall include the students and examination aspirants, single working women or men, construction workers, migrants, transgender, hostellers, co-living or shared living with or without common facilities, patients and patient’s family, paying guests, single parents, long-duration tourists/visitors-all requiring short duration stay. Accommodating people during transitory periods of their lives and facilitating housing options that substantially cater to their needs without various financial commitments, gives a substantive impetus to the Policy. 7.3.3. The MPRHP preserves the social and economic interests of various groups in the following manner: Social Interests Economic Interests ✓ Improving productivity: Facilitating ✓ Built to rent: Central and state government housing options closer to the place of incentives through tax benefits encourage private work through location-driven rental participation in building affordable rental houses. housing options having the potential to ✓ Bringing down the property prices: Developers improve productivity and promote usually incur three major costs - land cost, entrepreneurship. construction cost, and approval costs. Since land ✓ Enhancing social security: Every costs and construction cannot be reduced directly, section having accessibility to housing, the competent authority has better leeway in irrespective of their affordability, reducing the approval costs, bringing down the increase has their social security cost to developers, and lowering the prices to secured. home buyers. By making the FSI norms friendlier 8
✓ Holistic approach: Including tenants and pragmatic and by lowering the approval costs, due to constraints on one end and the Government brings down the property prices. tenants due to choice on the other, ✓ Redevelopment of property: Incentivize the throw a contrary yet holistic viewpoint. developers to utilize the vacant census houses ✓ Regulates controlled urban growth: besides investing more in the residential Housing tenants increase population infrastructures and undeveloped urban land for densities, reducing urban sprawl, and efficient residential development. Also, incentivize cutting some of the demand for the developers to bring the old properties under expensive infrastructure in peri-urban the current market rate as well. areas. ✓ Rationalizing subsidies: Ensure that subsidy ✓ Reduces unlawful capture: An programs are of an appropriate and affordable adequate supply of reasonably priced scale, well-targeted, measurable, transparent and rental accommodation reduces the non-distorting to housing markets temptation of poor families to mount ✓ Creation of institutional owners: Encourage the land invasions or buy plots in illegal creation of institutional owners such as REITs, subdivisions. Corporate firms, Not-for-profit entities, Municipal ✓ Reduces pressure on public Housing Companies, PSUs etc. infrastructure: Eases the operation of ✓ Incentivize the rental agents: Encourage the rental public transport, given that more people agents to register the tenancy agreement and are concentrated in a small area and cater to the housing need of the target groups by most tenants choose to live near bus or providing them attractive incentives. train routes. 8. RENTAL HOUSING OPTIONS 8.1. The diversity of the target groups having wide variation in their requirements make opportunities for different rental housing options as follows: 8.1.1. Institutional/Employees Rental Housing: It includes the rental housing for the government officials and MIG and HIG tenants whose affordability may vary with the market fluctuations.To be specific, this category belongs to the employees of Central/State/ULBs/PSUs/NGOs/Corporate houses/industries/private sector institutions. 8.1.2. Social Rental Housing: It includes rental housing for the socially and economically weaker sections, which includes the BPL, LIG, EWS groups, tenants by constraints, and the homeless population, helping them with the affordable housing options, considering their economic and social condition at the time of renting. 8.1.3. Need-Based Rental Housing: It includes housing options for the tenants requiring a short duration stay, tenants who choose to rent a house out of ‘choice’ rather than compulsion, and tenants whose needs can be catered only by a variety of rental housing in different locations of the city. Here, based on their needs and priorities, housing options are made available for 9
them. 8.1.4. Location-based or ZonedRental Housing: It includes the rental housing which are strategically planned in a location to serve a particular segment. Often this comes as an outcome of city scale land use zoning and controls. Low-income households where less rent in a preferable location can be incorporated. This will improve the physical, social and mental well-being of the tenants. The company guest houses, service apartments also come under this category. Location-based rental housing zones can include any or all of the above categories. 8.1.5. Minimal shelter for the people with life constraints. This accommodation includes shelter home, dormitories, rented shop cum home, shared accommodations like night shelters etc. These homes address the need of the people in slum areas, migrants, working families with no access to credit, Destitute, Aged Population, disaster-affected population, deserted women, children, Defaulted borrowers etc. The conventional provider of this category of rental home is government. However, MPRHP encourages competent bodies to collaborate with corporates and NGOs with social mandates to contribute in this sector. 8.1.6. Short-duration stay/ Need driven tenants ranging from fifteen days to six months:This accommodation includes paying guests, boarding lodges, guest houses, service apartments, hostels, shared/co-living spaces as well. These options cater to students and exam aspirants, Single working women or men, Construction workers, relocated employees, transgender requiring short duration stay, Hostellers, Co-living or shared living with or without common facilities, patients and patient’s family, paying guests, single parents, long-duration tourists/visitors. 9. DEMAND AND SUPPLY SIDE INTERVENTIONS The policy aims to indicate the demand-side interventions to enable the tenants to access variety of rental homes and supply-side interventions to enable the landlords and developers to provide and mandate rental housing in a sustainable manner. 9.1. The demand and supply-side participants: Demand Side Supply Side Includes three major segments from the tenants’ Includes following participants from landlords perspective: ‘perspective: ✓ Permanent— households settled but unable ✓ Individual landlords –unorganized individual to buy a house landlords who provide rental housing to ✓ Transient—households/individuals migrating households and individuals from other parts for the purpose of ✓ Institutional landlords—large companies employment/education/others andlooking for which provide organized rental housing to temporary abode (migrants and students) households and individuals 10
✓ Captive—households which live in tenements ✓ Hostels/Dormitories—large and small provided by the employer (governments, providers who offer shared stay primarily to parastatals and corporates). individuals ✓ Corporate/Captive housing— employers who provide housing to staff (MoHUPA 2013). 9.2. Facilitating Demand The following demand-side interventions are envisaged to enable people of all categories and with all rental housing needs access and avail the benefit of rental housing 9.2.1. Establishing the diverse target groups for rental housing as well as the diverse rental housing options in subsequent schemes and deliberations of the governments 9.2.2. Title Ownership to property: ensuring that title rights to own and freely exchange houses are established by law and enforced 9.2.3. Offering innovative housing finance to insecure tenants: Creating healthy and competitive lending institutions and fostering innovative arrangements for providing greater access to housing finance in micro modules for the rental housing sector. Linking existing credit subsidy and guarantee schemes on housing finance in an integrative manner for rental housing is highly encouraged as well. 9.2.4. Transparency and accountability in recognizing tenants: Recognizing tenants through a transparent Tenancy Act to ensure accountability on the part of both landlords and tenants. Rental housing development is required to be compatible with the provisions of RERA and relevant state policy to ensure the interest of the people. 9.2.5. Rationalizing subsidies: ensuring that subsidy programs do not distort the housing market and are of an appropriate and affordable scale, well-targeted, measurable, and non- discriminatory. 9.2.6. REITs, Corporate firms, Not-for-profit entities, Local Housing Companies, PSUs etc. are to be promoted 9.2.7. Development of competent rent court: The development of competent rent courts by the state will ensure boththe tenants’ and landlords' right. To ensure greater coverage and speedy disposal of cases, retired judges may be appointed. 9.2.8. Advance inquiry and requisition of short duration stays and need-based rental housing through the proposed digital platform to ensure seamless information sharing and management of Rental housing to be put in place. 9.2.9. Notice period of a considerable time before asking the tenant to vacate the house to enable him / her explore alternate options within the affordability 9.2.10. Develop and enable Housing Choice Rental Voucher model for MP for dependable tenant population in select cities in the first stage on a pilot basis. Institutional support may be 11
sought to research, develop and steer the first level of such innovative scheme. 9.2.11. Creation of provision for eliminating any form of discriminations while renting by making the transactions and information-sharing in a transparent way 9.2.12. Setting up of Reference Rent Index to avoid manipulation and speculations. This can be initiated first for major cities and thereafter other areas as per the need. Such RRI can be developed by Rent authority created under the proposed new Tenancy Act or similar organization identified by the state government. 9.2.13. Promote rental-to-own schemes through innovative packages 9.2.14. Provide financial concession to the low-income tenants having high housing cost to income ratio only in the selective cases. However, MPRHP aims to develop the capacity of the people to be self-reliant in owning a home. 9.2.15. Integrate the housing allowances of corporates with the rental agreements to ensure occupancy and stop speculations. 9.3. Provisioning Supply 9.3.1. Providing infrastructure for residential land development: coordinating with the agencies responsible for residential infrastructure to focus on servicing existing and undeveloped urban land for efficient residential development. Allow incentives in the land development of rental housing. 9.3.2. Creating and regulating land and housing development: balancing the costs and benefits of regulations that influence urban land and housing markets, especially land use and building and removing regulations that unnecessarily hinder housing supply. 9.3.3. Streamlining the building industry: creating greater competition in the building industry, removing constraints to the development and use of local building materials, and reducing trade barriers that apply to housing inputs. 9.3.4. Provide the viability gap funding to the competent developers of rental housing in the initial phase to develop social rental housing for migrants. A mechanism of reward-oriented incentives based on the performance of developers by using tradable FAR must be encouraged by the competent authority. 9.3.5. Making a regulatory framework for initiating a ceiling for maximum limit to owned housing under any individual ownership and vesting the additional housing units to the government to reallocate the same as rental housing units to the needy households. This will bring a balance between the vacant housing and homelessness besides controlling the market speculation and distortions. 9.3.6. Create space for temporary rentals, short durations stays and subletting. The policy also encourages the home-shop arrangements in the residential and mixed-use zones as 12
permissible by the prevailing development/statutory plan of the city or the regions. 9.3.7. Bring forth the large pool of vacant houses under government and private ownership under the rental housing programme. 9.3.8. Bring more market-oriented and flexible land use planning regime to promote rental housing projects in viable locations. Use of FAR portability and FAR banks can be a great tool for the planning and development authority in keeping balance of built units and infrastructure holding capacity. 10. GENERAL PROVISIONS 10.1. The following are the recommended POLICY PROVISIONS/POLICY VERTICALS – • Provide transparent and accessible Legal Framework • Prioritize Poor and Social Groups for access to rental housing • Attract investments in Rental Housing • Strengthen Organizational and Administrative Framework 10.2. Provide transparent and accessible legal framework 10.2.1. Bring forth the Madhya Pradesh Model Tenancy Act 2020 (Draft) 10.2.2. Hierarchy of judicial tribunal: Setting up the jurisdiction for the Rent Court followed by that of the Appellate Rent Authority 10.2.3. Registration of Tenancy Agreement with the Rent Authority 10.2.4. Registration of rental agents with the Rent authority 10.2.5. The development of competent rent courts by the state to ensure tenants’ and landlords' right and secure greater coverage and speedy disposal of cases 10.2.6. Do away with the overlapping of commercial and rental leasing laws and ensure that the property remains under the state until the end of the leasing contract 10.2.7. bring the of the property for the tenants by ensuring that rights to own and freely exchange houses are established by law and enforced 10.2.8. Convergence of tax systems related to rental and ownership-based housing to streamline transactions. 10.3. Prioritize poor and social groups for access to rental housing 10.3.1. Transparent identification of Social Rental Housing (SRH) groups covering BPL, LIG, EWS and helping them with the affordable housing options through proper enrollments of beneficiaries 10.3.2. Making a regulatory framework for initiating a ceiling for maximum limit to owned housing under any individual ownership and vesting the additional housing units to the government to reallocate the same as rental housing units to the needy households. 10.3.3. Provide financial concession to the low-income tenants having high housing cost to 13
income ratio only in the selective cases. 10.3.4. Encourage building mass rental housing for socially vulnerable sections under Corporate Social Responsibility (CSR) 10.3.5. Reserve a certain percentage of newly build flats/units and of FSI/land within large housing projects at affordable rent especially for SRH (of a certain size and scale) in master plans as well as in housing projects 10.3.6. Provide incentives to the landlords like exemption from stamp duty, registration charge, etc. to smoothen 11 months’ rent agreement besides boosting Social Rental Housing (SRH) projects 10.3.7. Encourage Public-Private Partnership (PPP), Special Purpose Vehicle (SPVs), Residential Rental Management Companies (RRMCs) to design programs/schemes for creation of Social/Need-based Rental Housing 10.3.8. Grant exemption from property tax for a predefined period (say for 5 to 10 years) to Social Rental Housing properties 10.3.9. Make affordable shelter available to women and transgenders working in the informal sector 10.3.10. Advice Municipal Housing Companies to create social/need-based rental housing stocks and undertake the construction of affordable rental housing to promote socially diverse neighborhoods 10.4. Attract investments in rental housing 10.4.1. Create healthy and competitive lending institutions, and foster innovative arrangements for providing greater access to housing finance in micro modules for the rental housing sector 10.4.2. Encourage REITs, Corporate firms, Not-for-profit entities, Municipal Housing Companies, PSUs etc. for maximum utilization of their investments towards social/need-based rental housing 10.4.3. EncouragePublic-Private Partnership (PPP), Special Purpose Vehicle (SPVs), Residential Rental Management Companies (RRMCs) to earmark their budgets 10.4.4. Identify funding sources along with dovetailing of CSR and other funds (LabourCess funds) etc. for creation of social/need-based rental housing 10.4.5. Create greater competition in the building industry by removing constraints to the development, using local building materials, and reducing trade barriers that apply to housing inputs 10.4.6. Provide the viability gap funding to the competent developers in the initial phase to develop social rental housing for migrants 10.4.7. Provide income tax relief in proportion to investments in newly built rental housing given for rent for a definite tenure 14
10.4.8. Promote Residential Rental Management Companies (RRMC) to bring efficiency especially in operation, maintenance and management of large-scale rental housing projects/schemes 10.4.9. Provide concessions and incentives to investors and builders to invest more on low-income rental housing to promote affordable housing for LIG/EWS 10.4.10. Provide concession on lands (sometimes free of cost) under certain circumstances to the developers as a part of government equity contribution to complete the mass housing project at for a limited period 10.5. Strengthen organizational and administrative framework 10.5.1. Facilitate the introduction of Rent-to-Own scheme both by the public and private sector. 10.5.2. Government at all levels to act as an enabler and facilitator to promote rental housing through policies and regulations 10.5.3. Encourage the institutional owners such as REITs, Corporate firms, Not-for-profit entities, Municipal Housing Companies, PSUs etc.towards the construction of rental housing 10.5.4. Enable Housing Choice Rental Voucher for dependable tenant population 10.5.5. PrepareReference Rent Index to avoid manipulation 10.5.6. Coordinate withthe agencies responsible for residential infrastructure to focus on servicing existing and undeveloped urban land for efficient residential development 10.5.7. Promote Information technology (IT) enabled platforms for accessing information on rental housing stock and also reduce transaction costs and informality through IT-enabled platforms 10.5.8. Create provision for temporary rentals and subletting 10.5.9. FacilitateHousing and Development Boards to borrow from Central Provident Fund and NSDL for the purchase of housing units 10.5.10. Reserve certain percentage of newly build flats/units and of FSI/land within large housing projects at affordable rent especially for SRH (of a certain size and scale) in master / statutory plans as well as in housing projects 10.5.11. Create provisions to bring all old (of certain age to be decided) rented properties under the current market rate to avoid the exploitations of the landlords and loss of revenue to the State. 10.5.12. Increase housing stock through involvement of private sector by providing incentivized floor space index (FSI) and use of tools like, transfer of development rights (TDR) 10.5.13. Encourage Public-Private-Peoples-Partnership (PPPP) to undertake Integrated Housing and Township Projects 10.5.14. Interfaces with other policies and schemes: The policy, guidelines and schemes of housing and relevant services need to be integrated while any of the rental housing is implemented. 15
11. ROLES AND STRATEGIC ACTION PLAN The roles, responsibilities and actions of the Central and State Government along with other agencies in promoting rentals housing shall be as follows: 11.1. Central Government The roles, responsibilities and activities of the Central Government which can facilitate the policy provisions and objectives are given below: 11.1.1. Encourage the creation of Residential Real Estate Investment Trust (RREITs). 11.1.2. Provide incentives to the states/private sector/implementing agencies to develop and implement innovative practices in the rental housing sector. 11.1.3. Grant and facilitate income tax concessions for mass rental housing. 11.1.4. Provide income tax relief in proportion to investments in newly built rental housing for a definite tenure 11.1.5. FacilitateHousing and Development Boards to borrow from Central Provident Fund and NSDL for the purchase of housing 11.1.6. To address the need for affordable housing, the Ministry of Housing & Urban Affairs has initiated Affordable Rental Housing Complexes (ARHCs), a sub-scheme under Pradhan Mantri AWAS Yojana- Urban (PMAY-U) to provide ease of living to urban migrants/ poor in the industrial sector as well as in non-formal urban economy to get access to dignified affordable rental housing close to their workplace. The initiatives under this scheme may be replicated under PMAY(U) in Madhya Pradesh. 11.1.7. The expected activities of the central government can be further categorized as: Administrative Investments and Financial Capacity Building • Create infrastructure for • Extend fiscal and non-fiscal • Encourage building mass residential real estate concession for rental rental housing either for establishments housing including that own employees or for other • Develop economically viable underPPP socially vulnerable sections rental housing models (such • Provide monetary of society under Corporate as Rent-to-Own Scheme, incentives to the Social Responsibility Shared Ownership Scheme, states/private (CSR), by allowing 100% PPP Model, Rental Voucher sector/implementing tax deduction of the capital Scheme, Rental Allowance agencies to develop and expenditure incurred Scheme etc.) execute innovative • Establish Residential Real • Develop linkage of Housing practices in the rental Estate Investment Trust and Development Boards with housing sector (RREITs) Central Provident Fund / • Grant and facilitate income NSDLfor purchase of housing tax concessions for units institutional owners that create mass rental housing 16
11.2. State Government The roles, responsibilities and activities of the State Government for this policy is vital and pivotal in addressing the aims and objectives of this policy. The state government shall: 11.2.1. Promote the registration of the agreement between the landlords and the tenants to ensure transparency in the entire rental processes, where the type of property must be indicated. 11.2.2. Provide incentives to the landlords like exemption from stamp duty, registration charge, etc. to smoothen 11 months’ rent agreement besides boosting Social Rental Housing (SRH) projects. 11.2.3. Ensure that the tenants are not served with vacation – notice by the landlords at the time of national crisis (as in case of disaster/ pandemic/ lockdown/ etc.) 11.2.4. Together with the ULBs, create provisions to bring all the old rented properties of more than ten years under the current market rate to avoid the exploitations of the landlords and loss of revenue to the State. 11.2.5. Ensure and promote the registration of the rental agents and incentivize them with commissions to smoothen the process of rental-registration. 11.2.6. Exempt property tax for Social Rental Housing properties. 11.2.7. Plan out strategies for land monetization and appropriate use of vacant/locked properties in consultation with various stakeholders through various options/alternatives. 11.2.8. Ensure a strong and transparent dispute redressal architecture to resolve the disputes between landlords and tenants with a defined hierarchy, namely, - Rent Authority, Rent Court and Rent Appellate Authority. 11.2.9. Build capacity of various stakeholders in the planning and implementation of housing projects/schemes with special focus on Rental Housing. 11.2.10. Encourage corporate houses, charity organizations, RWAs, NGOs to initiate rental housing projects targeting the urban poor and other social groups. 11.2.11. Encourage the formation of cooperative societies, municipal housing companies, neighborhood associations, not-for-profit entities or other entities that would create, operate, maintain, and manage rental housing stock. 11.2.12. Determine a fair security deposit amount at the time of renting, using some definite formula to avoid any disagreement between landlords or tenants. 11.2.13. Increase investment and maintenance fund for government-owned rental units. 11.2.14. Do away with the overlapping of commercial and rental leasing laws and ensure that the property remains under the state until the end of the leasing contract. 11.2.15. Encourage state co-financing of housing projects. 11.2.16. Finance social rental housing through long term loans and a variety of incentives 17
11.2.17. Provide concession on lands (sometimes free of cost) under certain circumstances to the developers as a part of government equity contribution to complete the mass housing project fora limited period. 11.2.18. Increase housing stock through the involvement of the private sector by providing incentivized floor space index (FSI) and use of tools like transfer of development rights (TDR) 11.2.19. Encourage Public-Private-Peoples-Partnership (PPPP) to undertake Integrated Housing and Township Projects 11.2.20. Encourage the ULBsto give top priority to housing projects for EWS. 11.2.21. Government can provide rental housing at a fixed price in particular areas of a city for the low-income group. 11.2.22. Landlords who provide rental housing to target groups like transgenders, single women and men, old couple, students should be incentivized through the policy. 11.2.23. State government may ponder over utilizing construction cess for rental housing. 11.2.24. In summary, the activities of the state government can be further categorized as: Administrative Legal Financial Capacity Building • Create an online • Set a hierarchy of • Provide incentives to • Reserve a percentage portal for transparent executive tribunal the landlords of newly built large interfaces • Promote • Exempt property tax housing for SRH • Increase housing registration of rent for SRH • Build capacity of various stock through the agreement and • Create provisions for stakeholders involvement of rental agents fixing security deposit • Enable employers to private sector by through Rent • Invest in social rental offer rental housing to providing Authority housing through long- their employees incentivized FSI and • Do away with the term loans • Build capacity of use TDR overlapping of • Advice ULBs to treat corporate houses and • Create provisions for commercial and the SRH properties as NGOs to initiate rental Public-Private- rental leasing laws residential properties housing projects at Peoples-Partnership • Promote for tax concession cheaper costs (PPPP) to undertake contribution of • Encourage formation of Integrated Housing government equity cooperative societies to and Township in the form of giving manage and maintain Projects in semi- land on concession rental housing stocks urban / urban areas to the developers 11.3. URBAN LOCAL BODIES (ULBS) The roles, responsibilities and activities of the Urban Local Bodies shall be to: 18
11.3.1. Implement the state policies on rental housing by assessing the present situations and analyze and plan for further strategies for its implementation 11.3.2. Identify the target groups, the vacant houses, and properties and total requirements for social/need-based rental housing with the support of State Government 11.3.3. Fix standard rent for various localities and ensure transparency on the deviation of standard rent from the market rate 11.3.4. Create provisions to bring old rented properties of more than ten years under the current market rate 11.3.5. Create an efficient and effective online portal for redressing the dispute between different parties (landlords, tenants and rent authority) 11.3.6. Promote socially diverse neighborhoods 11.3.7. Simplify the registration of the rent agreement and reduce the informality by rationalizing transaction costs in rental housing 11.3.8. Construct new municipal rental housing stocks 11.3.9. Create an inventory of land bank in each ULB to assess the need for providing land for rental housing. 11.3.10. Landbank system can be ULB-led partnership with the land revenue department 11.3.11. Other agencies such as the MP Housing and Infrastructure Development Board, Town and Country Planning department etc. should work in coordination with the ULB 11.3.12. To discourage vacant accommodations, some tax concessions may be given, like exemptions in the property tax for the first few years. 11.3.13. In summary, the activities of the ULBs are further categorized as: Administrative Capacity Building • Assess the present situations before implementing the • Build capacity of the Housing State Housing Policies Companies/developers working • Identify the target groups and vacant houses at the local level to create • Fix standard rent based on location, if required social/need-based rental housing • Prioritize strategies to manage rental housing stocks stocks • Bring old rented properties under current market rate • Advice Housing Companies to • Develop PPP projects for the creation of rental housing construct affordable rental stocks housing to promote socially • Simplify registration process diverse neighborhoods • Construct new municipal rental housing stocks 11.4. Rent Court and Appellate Rent Authority The roles, responsibilities and activities of the Rent Court and Appellate Rent Authority shall be governed as per the proposed Madhya Pradesh Tenancy Act 2021 (draft). 19
11.5. Role of State Housing and Infrastructure Development Board and Other Agencies 11.5.1. The role of M.P.State Housing Boards shall be revamped. It needs to be encouraged to focus on playing a more active role in the provision of rental housing, even if it is through public private partnerships. 11.5.2. Funds raised through the sale of land transactions by M.P. State Housing Boards must be ring-fenced, with a defined proportion to be redeployed only for rental housing. For this, formulating a fiscal and financial framework is needed that would help provide a boost to rental housing without compromising the basic canons of sound financial principles 11.5.3. Innovative models for rental housing such as those developed in other states may be adopted 11.5.4. ‘Facilities Management model’, under which a facility management company is given the contract for the property management function of rental housing stock need to be adopted 11.5.5. ‘Arm’s Length Management Organisation (ALMO) model, which involves an ALMO and an independent regulator may be adopted 11.5.6. ‘Housing Association model’, which involves the formation of a housing association which is regulated by the independent regulator may also be adopted 11.6. Role of Private Sector And PPP 11.6.1. Innovative models for provision of Rental Housing A) Enterprise Model Registered private companies/enterprises that provides rental housing solutions to low- and middle-income group customers for short-term stays through formal hostels and paying guest accommodation can be registered under the Rent Authority. B) PPP Model PPP modelis built upon the strengths of both public sectors (in terms of land acquisition, development permissions and obtaining clearances) and private sector (investment capital, construction and maintenance). PPP models can utilize cross-subsidizing the MIG and LIG units by giving some land outside the project area for commercial activities like IT/ITeS. C) Private-Private Joint Ventures Joint ventures private sector companies for rental housing shall be promoted and incentivised. Such initiatives can be adopted for employee housing, wherein a part of the housing units developed can be given to employees and some sold in the open market to earn profits. D) Maintenance of Rental Housing Schemes Private players should be encouraged and given maintenance contracts for rental housing 20
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