Enforcement Actions against Illegal Subletting or Overcrowding in HDB Flats

10 Mr Gan Thiam Poh asked the Minister for National Development (a) in the past three years, how many enforcement actions have been taken by HDB on illegal subletting and/or overcrowding in HDB flats; and (b) what are the measures that the Ministry is taking to ensure that all HDB flat owners comply with the regulation, including inter-Ministry joint collaboration.

The Minister for National Development (Mr Lawrence Wong): Madam, Housing and Development Board (HDB) flats are meant for occupation by the flat owners and family members. However, HDB flat owners can sublet their flat after meeting the required minimum occupation period (MOP) and obtaining HDB's prior approval.

HDB takes a serious view of unauthorised subletting and/or overcrowding. When letting out the flat, flat owners have to ensure that the number of sub-tenants does not exceed the allowable maximum, which varies with flat type. Failure to obtain prior approval or observe the maximum number of sub-tenants allowed is a breach of the Lease Agreement, and action can and will be taken against the errant flat owners.

In the last three years, there were 70 cases where enforcement action was taken against errant flat owners for unauthorised subletting and/or overcrowding. HDB conducts checks and investigations on flats suspected of unauthorised subletting and/or overcrowding based on feedback from the public. HDB itself also conducts its own random checks on flats, and works with agencies like the Police, the Immigration and Checkpoints Authority (ICA) or the Ministry of Manpower (MOM), when there are suspected infringements under the Penal Code or relevant Acts under these agencies.

To educate the public about subletting rules, HDB also publicises actions taken against flat owners in cases of unauthorised subletting or overcrowding.

Mdm Speaker: Mr Gan Thiam Poh.

Mr Gan Thiam Poh (Ang Mo Kio): I thank the Minister for the comprehensive reply. I would just like to ask how often do HDB officers carry out surprise checks on all the owners who sublet HDB flats.

Mr Lawrence Wong: Madam, these are part of HDB's operations and I would rather not say how often HDB does it, in case people try to second guess HDB's operations. Suffice to say HDB will do regular random checks by itself but, on top of that, whenever HDB receives feedback, HDB will also do a check on the particular unit.

Mdm Speaker: Mr Cedric Foo.

Mr Cedric Foo Chee Keng (Pioneer): Madam, can I ask the Minister whether it also makes sense, on top of the number of tenants, to review the length of tenancy that HDB will allow, because a high turnover of tenants also creates a lot of disamenities?

Mr Lawrence Wong: Madam, there is already a regulation around short-term stays. That already exists today. So, I am not sure whether the Member is asking for even tighter rules around that.

Mdm Speaker: Mr Cedric Foo.

Mr Cedric Foo Chee Keng: Can the Minister advise on the length the short-term stays and whether it is adequate?

Mr Lawrence Wong: Meaning you want it to be longer? We will study it. That is something that we continue to review. So, whether or not we should review the number of occupants, which is something that we are reviewing already. This follows from the earlier discussion we had in this House on the Planning Act changes and several Members had suggested that the numbers in the HDB flats ought to be reduced further. We are studying that and we can take into consideration the Member's suggestion also on duration of lease.