Legislators recently passed tenancy control measures to increase protections for tenants of subdivided flats, representing a promising development for housing in Hong Kong. Highlights include mandated standard tenancy agreements, limits on how much landlords can increase rents, and the fair distribution of utility charges. As this new policy is turned into action, the challenge for Hong Kong in managing its subdivided housing sector shifts to planning and implementation. The government has an opportunity to improve the lives of those in subdivided flats through effective execution of this legislation. There are many reasons to do it right. The current average waiting time for public housing is 5.9 years , but Secretary for Transport and Housing Frank Chan Fan has said it could take a decade or more to reduce it. Barring any dramatic, transformational developments, these measures could affect the more than 200,000 current, and future, tenants of subdivided units in the next 10 years and more. Currently, many of these tenants live in unsafe, substandard or unhygienic conditions. Despite this, many do not ask landlords to bring their flats up to legal standards because they fear harassment or even eviction. Under the new legislation, a standard tenancy agreement outlining the rights and responsibilities of both landlords and tenants will become mandatory. This legal document can allay tenants’ fears of random eviction and provide them with grounds to negotiate basic living conditions. But to bring about actual improvements, it is crucial that tenancy agreements be registered, both landlords and tenants become educated about the changes, and avenues for tenant recourse be accessible, adequately resourced and enforced. In drafting the standard tenancy agreement, we urge the government to include provisions that maximise the basic safety and condition of flats. These could include stipulating repair, maintenance and hygiene responsibilities and regular upkeep of fire safety provisions as a bare minimum. Providing the necessary facilities should also be part of the standard contract, to establish accountability for meeting and maintaining minimum housing standards in subdivided units. In addition to mobilising resources and defining clear standards of success, monitoring and enforcement are essential to policy implementation. Under the current system, the monitoring of existing government regulations does not necessarily lead to improvements. For example, according to a fire safety report by local NGO Hong Kong Unison, Fire Services Department and Buildings Department officials inspected and issued fire safety instructions to 8,493 buildings between 2007 and 2020. However, the specified improvements needed to meet fire codes were only made in 343 buildings. Inspections and prescriptions alone are only part of the solution – they must be backed up with real consequences for non-compliance. A lack of enforcement encourages neglect and leaves tenants in subdivided units living in unsafe and unhealthy conditions . While the newly amended legislation puts limits on the rate of rent increases, starting rents are not addressed. A survey by Chinese University’s Institute of Future Cities found that tenants of subdivided units pay more per square foot for housing than those living in larger housing. For example, tenants in subdivided units on Hong Kong Island pay an average of HK$52.60 (US$6.75) in rent per square foot, while private flats on the island are let for an average of HK$40.70 per square foot. Meanwhile, a Hong Kong Council of Social Service survey found that for almost a third of families in subdivided units, half or more of their income goes on rent. Cubicle homes in city’s old buildings are ‘urban ticking time bomb’ In other words, those in our community with the lowest incomes are bearing the heaviest financial burden to pay for the worst standard of housing. Reducing initial rents for tenants of subdivided units must be an immediate priority. Public housing tenants are eligible for rent reductions when costs exceed 25 per cent of their household income. Why not extend this threshold to tenants of subdivided flats? We have proposed a way for the government to provide rent allowances so that no more than 25 per cent of tenants’ household income goes on rent while landlords maintain – but do not exceed – market rent prices. Other organisations have also put forward ideas, and we ask the government to consider these. Questions remain about this amended legislation. How will the new protections apply to existing tenant contracts? When and how will the improvement in health and safety conditions be addressed? How will tenants, after receiving and accepting an offer for public rental housing, remove themselves fairly from a tenancy agreement? These questions must be addressed in ways that maintain the spirit of tenant protections and rights, to ensure adequate housing for everyone who calls Hong Kong their home. Megumi Harker is the public policy & research manager at Habitat for Humanity Hong Kong