Subletting of public rental homes in Hong Kong to become jailable offence

Hong Kong public home tenants who rent their flats on the sly will be charged with a criminal offence carrying a maximum one-year jail term under a government proposal to amend the law to minimise the abuse of housing resources, the Post has learned.

A government source said on Tuesday the legal changes proposed would be submitted for lawmakers’ discussion next month and could be expected to take effect before mid-2026.

“The new arrangement would target all tenants, including anyone assisting in the commercial rental of these flats, including agents,” the source said.

Under one of the proposed amendments to the Housing Ordinance, dividing a public flat and subletting the space to other tenants or using it for commercial purposes would be classified as a serious abuse of public housing.

The proposed maximum penalty covers a fine of HK$500,000 (US$64,230) and a one-year jail sentence. But the proposal, if passed into law, would not be imposed retroactively.

The source said the change would raise the deterrent effect in cases where well-off tenants used public rental flats for profit.

“We hope society can prepare for this, as the law carries serious consequences,” the insider said.