In 2009 August, a citizen Advisory friend said: my name is Sun Fangyu (a pseudonym), the Shanghai middle school teachers * * * *. My father Sun Sanzhang (a pseudonym) is supported by youth, retirement policy can go back to Shanghai in, because of the housing disputes and mother have been stranded at the border. I in 1991 according to the policy back to Shanghai in reading, and grandfather Sun Haiyang (a pseudonym) and Lu Xuemei (a pseudonym) step grandmother lived in the city of Dapu Road No. *9, the real is the grandfather of all private property, in 1996 the house was moved, I and grandfather, grandmother got the Xinmin Road 89 Lane 88, Room 102, later the grandmother grandfather passed away, without my consent to his grandson's Li Yun (a pseudonym) moved into account, now the grandmother also died, the changes to the housing lease, I and cousin Fang Liyun disagree. Sun Fangyu provides plenty of evidence about the housing lease should change: for who comply with the law?

   Answer: first, the "Shanghai housing lease regulations" forty-first article: "Housing Lessee dies, it's common people living in a city resident accounts in the lease Housing Department, can continue to perform the contract". Shanghai City Real Estate Management Bureau issued on the implementation of "Shanghai housing lease regulations advice (two) Notice" the twelfth stipulation: "the 'living together' refers to the public housing tenant died or change the lease, the lease housing is the actual living for more than a year (special circumstances except) and the other has other housing or housing but living difficulties, marriage, birth can not subject to the restrictions". "The death of the tenant, the common people living life in the city resident accounts in the office requires changes in the lease agreement, the lessor shall agree. If they fail to reach an agreement, the lessor shall be in accordance with the provisions of the preceding paragraph written determine the lessee."

   Second, in accordance with the above provisions, the lessee should become the Department for public houses by Room 102 new must have the following three conditions: one is the city accounts at the Department for public office; two is the place (continuous) lived for more than a year (except in special cases); three is no other housing in the city. Here said the "other housing", according to the Shanghai Municipal Higher People's Court of Shanghai high Famin one (2004) No. 3 "answer" provisions, only the welfare properties obtained housing, including the original lease of public housing, under the planned economy, the welfare housing distribution, their own part funded welfare housing, more than half of the purchase limit the employer subsidy of commercial housing, public houses by the housing income units (including their own little part funded property housing placement, and obtained) according to the sale of public houses by policy buy property etc..

   Third, with the above regulations, rules and standards and scale analysis of Sun Fangyu and Fang Liyun, we have to, has obvious advantage of a party shall become a new tenant.

   1, the Dapu Road No. *9 "house demolition resettlement agreement" show, Sun Fangyu is the house demolition resettlement staff, Li Yun not demolition resettlement staff.

   2, Dapu Road No. *9 after the demolition of housing allocation "single" confirmed, Sun Fangyu is marking *9 Pu Lu housing people, Fang Liyun is not at the time of the housing people; Sun Fangyu was taken after the new house room, but Fang Liyun isn't the new residence housing people.

   3, 1996 May * date issued Xinmin Road 89 Lane 88, Room 102, "confirmed" lease documents, the Department for public houses in the account of a total of three people, that is, the grandmother grandfather Sun Haiyang Lu Xuemei and Sun Fangyu, and not Fang Liyun.

   4, * * District People's Court (2005) Min Minyi (min) at the beginning of the word no. 45** civil judgment that: Sun Fangyu and Lu Xuemei to the new 89 Lane Road, No. 88 102 room houses to lease the right to use.

   5, the Shanghai first intermediate people's Court (2005) Shanghai China two (min) with the word no. 24** civil judgment pointed out: even though Sun Fangyu did not live to use the 102 rooms housing, also do not show to the rights to the 102 rooms housing abandonment. The final appeal, Sun Fangyu has maintained a lease of the right to use the verdict on the house.

   6, Sun Fangyu Shanghai "at home" application form "approval form" and the people's Government of Shanghai city government of Shanghai referendum word (2005) No. 110th "administrative reconsideration decision" showed that: 1) Sun Fangyu approved to settle time is 1991 March *, and Fang Liyun is the 2005 April *. 2) Fang Liyun Shanghai settled than the sun Fangyu delayed for more than 4 years, so Sun Fangyu is better than Fang Liyun.

   7, Sun Fangyu middle school in 2005 June and 2009 April where a certificate stating that: 1) Sun Fangyu is now the middle school teacher (Fang Liyun have been married in the border city); 2) Sun Fangyu since 1997 July to participate in the work, never get welfare housing distribution system, including the individual part funded welfare house, 1629 more than half by the the unit subsidy of commercial housing purchased -- these have not enjoyed.

   8, from the continuous lived for more than a year of this condition, Sun Fangyu began in the 102 room residence from the housing units in 1996 my grandfather lived, and later to ease the family conflicts, namely the step grandmother and Sun Fangyu have no blood relationship occurred from time to time is not fast, under special circumstances, find another place to live -- this is the rules and regulations should be exception. Fang Liyun has not lived in this, but there is no continuous lived for more than a year, no special circumstances, like Sun Fangyu, even the grandma and grandpa died also did not return to Shanghai for the funeral.

   9, Sun Fangyu's grandfather Sun Haiyang had three sons, Sun Yizhang, Sun Erzhang, Sun Sanzhang (are alias). Sun Haiyang Dapulu house demolition, sun son given by chapter Yishiyiting, make the old educated youth sun chapter Shanghai has a place; non educated youth small son sun chapter three a share two rooms one hall, old educated youth; two son Sun Erzhang, daughter Sun Fangyu and three grandparents share for 102 room two room one hall. Thus it can be seen, the old man Sun Haiyang was so arranged, in order to two son sun chapter let stranded frontier two Shanghai have a place to stay, also shows that as the father of "even keeled".

   Fourth, to sum up, whether it is from a legal perspective, or from the reasonable level, the lessee should change the name of Sun Fangyu. If the family can not reach an agreement, it should be by the lessor in accordance with the provisions of the first, second items of the laws and regulations, written to determine the Room 102 of public houses by the lessee.

   (Note: because the negotiation failed, and finally determine the lease the lessor for Sun Fangli)

                              (my QQ number is 594241989, 1762818809 and 18321864965; mobile phone)