The clamor from the streets for housing will reach Congress with the temporary rental law before the end of the year

A 22.5% of citizens considers that housing is among the main problems in Spain. This is highlighted by the CIS in its November barometer. In any case, the mobilizations that have taken place in recent weeks in several Spanish cities are enough to understand the capital importance that Spanish society grants to the issue. In all these demonstrations, political solutions are requested and legislative reforms to make the housing market more accessible and prevent becomes a luxury.

Proof that political forces have understood that a good part of the population’s well-being depends, at this time, on addressing this problem – so that citizens do not have to completely compromise your economy to buy or even rent an apartment or a house― is that the PSOE announced, in its Federal Congress, held in Seville between November 29 and December 1, the creation of a state public housing company.

This is a proposal that is not without controversy, since, for the moment, has not been explained in detail and which could, according to various political formations, incur a certain competition clash with the autonomous communities. In any case, it denotes the concern that exists in the Executive to offer some type of response to the clamor in the streets. The minority partner of the coalition government, Sumar, actively and passively insists that the Ministry of Housing, whose head is the socialist Isabel Rodriguezmust be brave and that it would not be understood that this legislature did not represent progress in terms of housing.

But the first major initiative that will be debated in the Congress of Deputies after the wave of demonstrations will not be carried out by the Executive, but by Republican Left of Catalonia (ERC). In reality, it is an initiative, the limitation of the seasonal and residential rentalspromoted by the Tenant Unions and which already led, months ago, the Sumar Plurinational Group to the Lower House. On that occasion, the vote against in extremis of Together for Catalonia He ended up destroying the proposal, which did not even pass the first cut in Congress and was not admitted for processing.

Now it is ERC that is carrying it and, in principle, it will obtain the yes of the post-convergent in taking it into consideration, that is, in that first essential vote for Congress to debate and construct a law. Those of Miriam Nogueras They have slipped that they will allow the initiative to overcome this first procedure. However, also the previous time they stated that they would abstain and, finally, they ended up opposing and overturning the norm, so in the ranks of ERC, although there are good feelings, uncertainty persists.

Parliamentary sources confirm Public that the law will be debated in Congress before the year ends. Specifically, it will go to plenary session either this week from December 9 to 13, or from December 16 to 20. From Esquerra they insist that Parliament must live up to the drive of the street. Not in vain, the demonstration that took place in Barcelona on November 23 was one of the largest. Some 20,000 people participated in it, according to Guarida Urbana, and around 170,000according to the organizers.

Differences between Sumar and ERC initiatives

Although, fundamentally, the proposal that Sumar brought to Congress and the one that ERC now brings are the same, there are some differences which, in fact, are the ones that have been able to convince Junts to, at least, allow the initiative to be admitted for processing.

The basis of the law includes limiting nine months the maximum duration of temporary rentals, so that any rental that exceeds that time will be governed by the rules of a habitual rental housing and the owners will have the corresponding obligations and duties. And not only that. Also in the case that a lease is renewedeven if it does not last nine months, it will be considered a habitual residence.

In short, it gives tenants more security with respect to possible movements at the contractual level – detrimental to tenants – that the owners may consider.

In addition to this maximum duration of nine months of the seasonal rental – in the law presented by Sumar, it was six -, ERC introduced another series of changes with which, a priori, it would have convinced Junts to allow admission for processing. The most important is the competency shield. From ERC they maintain that in communities that, like Catalonia, “have developed own legislation“In terms of housing, regional regulations will take precedence over state regulations.

In the same sense, another of the modifications they introduce is that the autonomies “will be able to control the temporary causes of temporary leases”.

In any case, authorized voices from Junts insist that an eventual “yes” to the taking into consideration – or an abstention that allows the law to advance – in no case does it mean that the initiative has approval assured. As in other cases, they explain that they will negotiate and try to introduce changes to the rule that they consider necessary. In principle, there will be no surprises with the affirmative vote of the rest of the investiture majority. From Esquerra they slip that precisely in this negotiation with the post-convergent will be appreciated differentiated models of the two Catalan formations to respond to the housing problem.