Woman suing the Housing Administration for lack of information transparency wins the case

by zxyasdn20 on 2011-06-28 11:44:35

Our reporter (Wang Lina) - After moving into their new home, Ms. Wang, a relocation安置 resident, and her mother were unsure about the ownership of the property. When they went to the Xicheng District Housing Administration Bureau to inquire, they were unsuccessful. Consequently, Ms. Wang filed a lawsuit against the Xicheng District Housing Administration Bureau. Yesterday, it was reported that the First Intermediate People's Court made a final ruling in favor of Ms. Wang, determining that the Xicheng District Housing Administration Bureau had lost the case and was responsible for disclosing the relevant information.

Ms. Wang originally lived with her mother in Yushuguan East Village in Xicheng District, where each rented a public housing unit. Later, their residence was included in the demolition area. In November 2003, the Xicheng District Housing Administration Bureau issued a ruling on the housing demolition dispute, ordering Ms. Wang and her mother to vacate their current residence and move to a rental property prepared for them in Fengtai District. In April last year, Ms. Wang submitted an application to the Xicheng District Housing Administration Bureau, requesting to review and copy the "State-owned Land Use Certificate," "Construction Land Planning Permit," "Construction Engineering Planning Permit," "Commercial Housing Sales Permit," "Residential Quality Guarantee," and "Residential User Manual" for the resettlement house she rented, as well as inquiries regarding the property ownership.

Soon after, the Xicheng District Housing Administration Bureau sent Ms. Wang a "Notice of Non-disclosure of Government Information," rejecting her request on the grounds that it involved personal privacy. Dissatisfied, Ms. Wang appealed to the Municipal Commission of Housing and Urban-Rural Development. The commission revoked the notice issued by the Housing Administration Bureau and ordered it to provide a new response. Subsequently, the Xicheng District Housing Administration Bureau responded that the four certificates and two manuals requested by Ms. Wang "were not documents created or obtained by the Housing Administration Bureau during the performance of its statutory duties," advising Ms. Wang to apply to other entities instead. Additionally, regarding the ownership of the rental property, the bureau replied that according to explanations from other units, the property was purchased by a company and registered under the name of one of its employees, with detailed information available from relevant departments. Still unsatisfied with the response, Ms. Wang applied for administrative reconsideration again. After her appeal was not supported, she filed a lawsuit with the court, but the first-instance court rejected her claims.

After appealing, the Beijing First Intermediate People's Court determined that as a housing demolition management department, since the Xicheng District Housing Administration Bureau had already ruled that Ms. Wang should relocate to the rental property in Fengtai District, it should have retained the property's ownership information and borne the responsibility to disclose this information to Ms. Wang. Furthermore, the disclosed content should be clear and specific. However, in its response to Ms. Wang, the Xicheng District Housing Administration Bureau merely cited explanations from other units, lacking clarity and specificity, leaving Ms. Wang unable to ascertain the ownership information of the rental property she occupied. Therefore, the court overturned the first-instance judgment and also revoked the response from the Xicheng District Housing Administration Bureau.