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Urban India's Much Needed Rental Housing Push
Urban India's Much Needed Rental Housing Push
Urban India's Much Needed Rental Housing Push
100 40%
Number of Houses (in Million)
Interestingly and alarmingly, the landlords who usually cater decline as one moves up the
the share of rental housing is to low income households MPCE deciles.
the lowest among the lowest into three types. ‘Subsistence Table 2: Share of urban renter households
monthly per capita consumer landlords’ are landlords who rent with no written contract across MPCE
deciles
expenditure (MPCE) deciles, rooms in order to supplement
although the need for rental their income and meet basic MPCE Decile Share of renter
housing is the highest among consumption needs. These households without
them (Table 1). landlords are dependent on written contract (%)
Table 1: Share of households living in rental income for meeting their 1 90.4
rented housing by MPCE deciles basic needs. Next are ‘petty 2 89.7
bourgeois’ landlords who are not
MPCE Decile Rental households 3 87.4
dependent on rental income to
(%) 4 88.1
survive but depend on the same
1 12.3 5 83.2
for any capital expenditure and
2 17.8 for expenditure on consumer 6 81.1
3 23.9 durables. The last category is 7 81.1
4 25.1 ‘petty capitalist’ landlords. These 8 78.4
5 29.9 landlords usually possess a 9 69.5
6 30.7 number of rented properties and 10 64.9
7 36.0 seek to expand their rental and Total 79.2
8 36.6 real estate portfolio including
Source: Authors calculations based on
land. Many a times they use 76th round NSS on ‘Drinking Water,
9 38.8
this land to build more rental Sanitation, Hygiene and Housing
10 43.1 Conditions in India
housing. If the number of rented
Total 29.4 properties they hold and their This prevailing sad state of
Source: Authors calculations based on income from them become
76th round NSS on ‘Drinking Water,
rental housing situation came
Sanitation, Hygiene and Housing
sizeable, such landlords depend into spotlight following the
Conditions in India on rental income as their main nationwide lockdown imposed
source of income. However, in March this year. COVID19
Rental housing in urban India
rental housing provided to the brought about unprecedented
is largely supplied by private
low-income households by these health and economic crisis and
landlords. In India a bulk of
different categories of landlords re-focussed attention on the gaps
the rental housing stock is
in urban India is largely informal in access to secure and adequate
created as an extension to the
in nature. Rental arrangements housing faced by India’s urban
landlord’s home. ADB (2013)
between renters and landlords poor and migrants. Following
puts the proportion of small
in informal housing usually do the lockdown announced in late
landlords at 80 percent for urban
not involve any written contract March 2020, India witnessed
India. In case of low-income
and is based on word of mouth. the largest mass migration
households, many a times the
About 79 percent of rental since Partition in 1947. This
landlord is himself or herself
arrangements were without reverse migration is estimated
of a similar economic profile as
any written contracts in urban to have involved 2 to 5 million
the tenant (Kumar 2003). Based
areas (Table 2). As expected, people. Concurrently, a World
on his study of Bengaluru and
proportion of rental households Bank study estimates 40 million
Surat, Kumar (2003) categorises
without written rental contract internal migrants to be affected .
54 HUDCO-HSMI Publication
POLICY REVIEW
Migrant households are typically housing scheme wherein rental ARHC is to function as one for a
low-income households living housing is to be provided at minimum period of 25 years. An
in substandard and inadequate below market rates based on ARHC is to have 1-BHK, 2-BHK
housing conditions in the cities the paying capacity of the apartments and dormitory beds
of their employment. Rental renters. It seeks to target more of 30 sqm, 60 sqm and 10 sqm
housing is often the only than 350,000 beneficiaries. It (per bed) respectively with a
available housing solution for is to be implemented through minimum of 40 dwelling units
such households. To address two models: Model 1 – renting (DUs). Dormitories will comprise
this problem, the Government of of unused and vacant housing of 4 to 6 beds per dormitory
India launched the ‘Affordable constructed under any and 3 dormitory beds is to be
Rental Housing Complexes’ government scheme, through considered as one DU. 1 BHK
(ARHC) scheme under the concessionaires, as a Centrally and 2 BHK DUs will include
umbrella of the ongoing Sponsored Scheme; Model 2 one or two bedrooms, one
Pradhan Mantri Awas Yojana – construction, operation and living room, kitchen, bathroom
– Urban (PMAY U), as a part of maintenance of ARHC by public and toilet. All DUs are to have
the Hon’ble Prime Minister’s and private entities on their own access to basic services such as
‘Aatma Nirbhar Bharat’ Vision. land, as a Central Sector Scheme. water, sewage, sanitation and
The scheme covers economically In case of Model 1, States/UTs/ electricity. Complexes to have
weaker sections (EWS), lower Parastatals/ ULBs are to identify health centres, creche and shops
income groups (LIG) and migrant and list all vacant and unused catering to daily necessities etc.
households, students and other government houses. As per Any project can have a maximum
vulnerable groups. ARHC is one the ARHC scheme documents, of one-third of all DUs as 2-BHK
of the two most recent and much of the total 13.83 lakh houses DUs.
needed rental market policy sanctioned under JNNURM Initial rent for the DUs and
interventions. The other being and RAY missions, 1.08 lakh dormitories are to be set by ULB
the Model Tenancy Act (MTA) houses remain vacant across after conducting a local survey.
put forth in July 2019, which 159 cities. In addition, vacant Survey is to be conducted by
seeks to improve regulation houses constructed by various the ULB at the proposal stage
and enhance efficiency of urban state governments can also be itself. Rents can be increased
rental markets. This article covered. Concessionaire will by a maximum of 8 percent
discusses both initiatives and repair, retrofit and operate the every two years, provided
certain aspects of each which ARHC. In case of Model 2, it doesn’t increase by more
require further attention for States/UTs/ Parastatals/ULBs are than 20 percent in five years.
greater effectiveness. to identity public and private However, illustrative models
entities with vacant land. In case showcasing financial viability of
AFFORDABLE RENTAL of non-residential vacant land, the scheme assume rent per DU
HOUSING COMPLEX the State is to ensure required to be between Rs. 2500 to 3500
(ARHC) SCHEME changes are made in the Master for Model-1. For Model-2, rent
Plan to allow for residential use of Rs. 3000 per dormitory bed
ARHC scheme is a social rental
of such land. In both cases, an and Rs.6000 per 1-BHK DU has
2
https://www.sciencedirect.com/science/article/pii/S0188440920309401
3
https://indianexpress.com/article/explained/coronavirus-india-lockdown-migran-workers-mass-exodus-6348834/
4
https://openknowledge.worldbank.org/bitstream/handle/10986/33634/COVID-19-Crisis-Through-a-Migration-Lens.pdf?sequence=5&isAllowed=y
5
https://economictimes.indiatimes.com/news/economy/policy/cabinet-nod-for-development-of-affordable-rental-housing-complexes-for-urban-migrants-
poor/articleshow/76855891.cms
6
http://arhc.mohua.gov.in/filesUpload/Operational-Guidelines-of-ARHCs.pdf
been assumed for the financial poor households at a lower and education outcomes
viability analysis. rent than what is payable of beneficiary households.
Incentives for ARHC by the other beneficiary Provisioning of schools and
concessionaires include households. Financial viability skilling centres as a part of the
allowance of 50 percent of the ARHCs have to be ARHC will go a long way in
additional Floor Area Ratio ensured at rents affordable improving long term welfare of
(FAR) without any additional for such households through these households. Last but not
cost. Earnings and profits from other funding mechanisms. In the least and most importantly,
ARHCs will be exempt from a well-functioning market set- all ARHCs should be located
income tax and GST. Municipal up, mechanisms such as ‘rental close to existing employment
service charges and property vouchers’ in use in USA and centres of the beneficiary
tax will be levied at par with Canada, targeting the urban poor households.
residential properties which are can be implemented. ‘Rental
vouchers’ schemes which are MODEL TENANCY ACT
not rented out. All ARHCs are
essentially subsidies provided (MTA)
to be out of purview of existing
rental acts and be governed to poor renters for renting in Lack of transparency in rental
as per the provision of model formal housing markets, will markets coupled with poor
tenancy act (MTA), discussed in increase the supply of rental institutional support are a major
the next section. Convergence housing and incentivise owners factor hindering universal access
is sought to be achieved with of vacant houses to rent out and to housing in Indian cities.
other government missions make formal housing accessible About one-tenth of urban houses
such as Smart Cities, AMRUT, to the urban poor. As the rental were vacant as per Census 2011.
Swachh Bharat Mission, NULM, market matures further with Registered rental leases are
Ujjwala, Ujala, Make in India, institutional suppliers of rental typically regulated either by the
Atal Innovation Mission and housing including ARHCs state rent control laws or the
Skill India Mission. coming into the picture, supply Transfer of Property Act, 1882.
side schemes such as Low Income Often, archaic rent control laws
ARHCS – A FEW Housing Tax Credit (LIHTC) of have ended up being misused
SUGGESTIONS the USA can be explored. LIHTC resulting in a rental housing
scheme essentially provides tax market which functions outside
A few points need to be kept incentives to developers and
in mind for ensuring greater of the existing rental regulations.
investors of affordable rental In case of middle- and higher-
efficacy of this scheme. First, housing in the form of redeemable
given the wide set of targeted income households, rental
tax credits and is issued by USA arrangements between landlords
beneficiaries comprising EWS, government. Second, checks
LIG households including and tenants are usually in the
should be carried out at regular form of unregistered ‘leave
migrants and students, catering intervals to ascertain continued
to the interests of the urban and license’ agreements of
eligibility of households to duration up to 11 months,
households below the poverty continue as beneficiaries of the
line needs to prioritised. It is which are outside the purview
scheme. Third, any supply side of the aforementioned rental
suggested that ARHC should effort such as ARHCs needs to
reserve a specific number of regulations. Indigenous methods
be supplemented with measures such as pagdi circumvent these
units in each ARHC for urban which improve livelihood regulations. As discussed
https://www.taxpolicycenter.org/briefing-book/what-low-income-housing-tax-credit-and-how-does-it-work
7
56 HUDCO-HSMI Publication
POLICY REVIEW
earlier, in case of low-income to establish state-level rent the MTA also needs to be
households, rental arrangements authorities and tribunals, complemented with other policy
might not be backed by a written should be finalised, adopted and interventions that would make
contract and in cases where there implemented by states. Some the economics of formalised
is a written contract, it might not changes are being proposed rental agreements affordable.
have legal validity. here. The recommended cap on Rules and regulations for
Though these poorly regulated security deposit as suggested in commercial and residential rental
rental markets function as per the MTA should be dropped in its agreements should be separate
the market forces of demand and initial run, to encourage all rental since their purpose, scale of
supply, the market conditions agreements, both prospective rental returns and stakeholders
are far from ideal. Such markets and retrospective, across all involved, are markedly different.
protect the interests of neither formal housing to be formally Instead of equating rental deeds
the tenants nor the landlords. registered. The initial objective to conveyance deeds, the stamp
While tenants worry about must be to bring all rental units duty and registration charges
sudden eviction, unjustified in formal residential properties payable on housing rental
rent increase, harassment by across India’s cities, under the agreements should be preferably
landlord while refunding purview of a formalised and at a much lower rate than those
security deposit or paying for regulated rental market. The on sale deeds. Payment processes
repairs etc., landlords worry well-intended provision that for these charges should be
about tenants not vacating and caps security deposit to two simple with one-step online
claiming ownership of property, months’ rent may not find portals. Tax breaks on income
and the inability to increase rents acceptability among landlords. from rental units, in particular
to match market realities. So, such measures may be those catering to the EWS and
introduced later once the initial LIG households, could reduce
Taking note of these challenges, objective is realised. Parallelly, the tax avoidance behaviour by
the Union Government had the MTA should extend to all landlords that leads to informal
come out with the Draft Model forms of rental agreements rental agreements.
Tenancy Act, 2019 in July last including ‘leave-and-license’
year, seeking public opinion on Second, the government should
agreements, the pagdi system, discourage house purchases
the same. Housing being a state homestays, PG housing and
subject, one of the mandatory for speculative gains. Fiscal
other professionally managed incentives such as exemption
requirements of PMAY-U was residential properties. Also, the
for states to amend or legislate from capital gains tax on re-
unique registration number investment of the gains from the
their rental laws based on this to be allotted to all registered
model act. Next, we discuss sale of one house in the purchase
agreements as per the MTA could of another two houses within a
the immediate and long- further be linked to House Rent
term measures that should be stipulated period should be re-
Allowance (HRA) tax exemption examined in terms of their effect
implemented for an efficient for salaried tenants. This would
rental housing sector in the on promoting universal access
make registration of rental to housing. Levying vacant
context of the MTA. agreements both necessary and house tax could increase the
MTA - Measures for the popular. supply of rental housing and
immediate future MTA - Over the longer term housing access and discourage
The MTA with its provisions First, over the longer term, speculative investment in
housing.
Third, investment should instead any interest, effectively making rarely factored in policies and
be encouraged in rental housing the commuted rent equal to the regulations. Regulations for
units which cater to EWS and interest this amount would earn rental markets should factor in
LIG households, through in the owner’s bank account. their inputs and if required be
appropriate fiscal incentives In certain circumstances and formulated at city level.
such as tax holiday for an markets, the opportunity cost of Last but not the least, the biggest
initial period for owners and this lumpsum amount in terms challenge that needs to be
professional operators of rental of the potential bank yields surmounted is - the transparency,
housing as well as Real Estate foregone by the tenant is less security and standardisation
Investment Trusts (REITs). Also, than the market-determined from draft MTA need to be
rental housing models along the monthly rent that would have extended to all informal rental
lines of ‘rent to own’ projects otherwise been payable, making arrangements including those
such as ‘Chandigarh Small Flats the arrangement financially catering to the low-income
Scheme 2006’ for slum dwellers beneficial for both landlords segment to bring them into a
by the Chandigarh Housing and tenants. Such arrangements formal system so that necessary
Board should be explored across do not fit into the existing and suitable interventions can be
other cities. Beneficiaries of this framework of the MTA, yet are made.
scheme pay a monthly ‘license fully functional models that have
fee’ as rent for the allotted worked in the local context and CONCLUSION
flat. Although the schematics could be incorporated into the
for transition to eventual formal rental housing framework To conclude, as rental markets
ownership are yet not clear in of the country. Kumar (2003) in become more transparent,
case of Chandigarh, if properly the context of Bengaluru and efficient and secure for
implemented such schemes Surat, notes that it is impossible both landlords and tenants,
will be a welcome addition to for any institutional mechanism both demand and supply of
the stock of low-income rental to replicate the various rental rental housing will increase.
housing in a city. solutions and mechanisms Rental housing will play an
which are in play, and suggests instrumental role in addressing
Fourth, the national rental policy urban India’s housing gaps.
should encompass alternate non- that ways and means have
to be devised such that the Effective implementation of
conventional mechanisms of ARHC and MTA, keeping the
rental housing that are prevalent government is able to support
and enhance the transparency interest of urban low-income
in various parts of India. These households in mind, is the much
include arrangements where and efficiency of the rental
market in informal housing. needed next step.
the tenant, in exchange of a
fixed lumpsum amount, gets Fifth, the MTA as and when
possession of the property adopted by the states should REFERENCES
during the period of tenancy, accommodate intra-city Asian Development Bank. (2013). India:
Promoting inclusive urban development
such as the Bhogya system in differences and needs across
in Indian cities. India: Ministry of
Karnataka and the Othi system a state. While urban local Housing and Urban Poverty Alleviation
in Tamil Nadu . At the end of the governments are entrusted (MoHUPA). Available at: https://www.
period of tenancy the lumpsum with the role of ushering in adb.org/sites/default/files/project-
is returned by the owner without urban change, their inputs are document/81213/41609-012-tacr-03.pdf
[Accessed: 7 September 2020].
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