December 27, 2023.- The Council of Ministers has agreed at its meeting today to extend the period of suspension of evictions and launches of economically and socially vulnerable households from their habitual housing until December 31, 2024, in the cases already foreseen by the current regulations. The measure is included in the Royal Decree-Law, approved today, which adopts measures to address the economic and social consequences of the conflicts in Ukraine and the Middle East, as well as to alleviate the effects of the drought.
In this way, to address the social and economic reality of households in the context of the process of mitigating inflationary dynamics and the prolongation of the consequences of the international situation, certain protection measures are extended in situations of vulnerability in housing that were introduced in Royal Decree-Law 11/2020, of March 31, which adopts urgent complementary measures to face COVID-19.
This is due, in large part, to the existence of a scenario marked by the temporary extension of the Ukrainian War and its repercussions on the economy of families, mainly through the growth of consumer prices that especially affect those people and households with fewer resources.
Compensation for landlords or owners
Along with the extension of the measure for another year for vulnerable households with no housing alternative, it is also contemplated the possibility until January 31, 2025 to request compensation from the landlord or owner, included in Royal Decree-Law 37/2020, of December 22, of urgent measures to address situations of social and economic vulnerability in the field of housing and transport.
Likewise, the deadline is extended so that landlords and owners affected by the extraordinary suspension in force of the eviction or launch can submit the request for compensation provided in that same RDL. This period was one month from the end of the validity of the measures. Thus, with the extension foreseen for these measures, the new deadline within which the application can be submitted is set until 31 January 2025.
Social protection measures
The extension of protection measures was approved for vulnerable households facing eviction procedures from their habitual dwelling, with the coordinated action of the competent judicial bodies and social services, including those households affected by procedures for launching their habitual dwelling, which do not derive from lease contracts, when there are dependent persons, victims of violence against women or minors in charge.
In the latter case, the possibility is established that the judge, after a balanced and proportional assessment of the specific case, has the power to suspend the launch, when the owners of these properties are natural or legal persons with more than 10 dwellings, requesting a report from the competent social services so that they can assess the situation of economic vulnerability and identify the measures to be applied to respond to this situation.
In these cases, those that have already been regulated in
Those that can never be suspended and are:
- When the home is the habitual residence or second residence of the owner.
- When it has been produced in a property owned by a natural or legal person who has ceded it by any valid title in law to a natural person who has in it his habitual domicile or second residence duly accredited.
- When the entry or stay in the property has occurred through intimidation or violence against people.
- When there are rational indications that the house is being used for illegal activities.
- In the case of properties intended for social housing and the housing has already been allocated to an applicant
- That the entry into the property has occurred after the entry into force of Royal Decree-Law 11/2020
Housing Act
The extension throughout 2024 of the extension approved today in the Royal Decree adds to the structural measures that are being carried out in this area from Mivau, aimed at making effective the exercise of the constitutional right to adequate decent housing, such as the approval and entry into force of the Law for the Right to Housing.
The new legislation establishes a maximum annual increase of 3% of rent in the contracts in force from January 1, 2024 to December 31 and introduces a mandate to the National Institute of Statistics (INE) to define before December 31, 2024 a new reference index for the annual updating of housing lease contracts to avoid disproportionate increases in rent. It should be remembered that the 2% limitation of the annual rent update approved at the end of 2022 has remained in force throughout this 2023.
The Housing Law also includes improvements in the eviction procedure that may affect the habitual housing of vulnerable households to ensure effective and rapid communication between the judicial body and social services through a request for them to assess the situation and, where appropriate, quickly attend to people in situations of economic and/or social vulnerability.
In this sense, it is ensured that the Social Services can offer housing solutions to those affected, avoiding situations of desamparo as a result of the eviction. While these solutions are produced, the deadlines for the suspension of launches in these situations of vulnerability are increased, from 1 to 2 months when the owner is a natural person, and from 3 to 4 when he is a legal person. In addition, objective criteria for defining situations of economic vulnerability are introduced into the procedure.