The Govern parties (ERC and Junts), in addition to the CUP and the common parties, have reached an agreement to recover the Catalan anti-eviction law annulled by the Constitutional Court in January 2021, as confirmed by sources from the Platform of People Affected by the Mortgage ( PAH), one of the promoters of the new standard. The pact has thus overcome the amendments made by Junts, and which caused the approval of the project –scheduled for last November– to be stopped until now. According to a document to which EL PAÍS has had access, on February 2 this parliamentary majority will vote “to approve” the new version of the Catalan anti-eviction law.
The agreement guarantees that the social rental measures promoted by the decree that the Government signed in 2019 and that, among other things, sought to combat residential emergency situations and increase the number of protected housing for rent are recovered. The mandatory renewal, when it comes to an end, of the social rents of the large holders is one of the measures that are recovered. In this way, according to the aforementioned document, “thousands of people with social rents signed in 2015 will avoid eviction.” Other regulations that are taken up would be the mandatory social rentals for vulnerable households facing the end of the rental contract; as well as for families that have had to occupy floors of banks or vulture funds.
On the other hand, there are elements that are introduced in the new regulation, pending its approval, such as a promotion mechanism to avoid evictions: in this way, large holders not linked to banks or vulture funds will be able to request from the Generalitat that rents them the house where a family at risk of eviction lives at the official protection price. The definition of large holder will also be expanded, which will include legal entities with more than 10 homes; among other measures. According to the PAH, “the protection when the new Law is approved will be very broad.”
Junts had signed 11 amendments to the bill that they presented jointly in June 2021 with ERC, the CUP and the commons to expand urgent measures and deal with the housing emergency. Seven of these amendments, according to PAH sources, “reduced and weakened” the original proposal. This caused, since the beginning of October, a series of actions by the organization. The last one, at the beginning of December, led to the occupation of the Europarliamentary office that the Junts MEPs, with the former president of the Generalitat Carles Puigdemont at the head, have been in Barcelona since October. The objective, which they finally achieved, was to deliver a letter to the former president who had fled from Spanish justice and for him to agree to hold a new meeting to negotiate the amendments presented by Junts.
The Constitutional Court had been inclined to annul the Catalan regulations and declare the decree of the Generalitat unconstitutional, considering that it affected the first title of the Magna Carta, where reference is made to the right to property. The ruling considered at the time that any regulation that affects fundamental rights must have the status of law. The sentence took place after an appeal of unconstitutionality of the Popular Party against the Catalan decree.
The rule that was annulled completed Law 24/2015 on urgent measures in the field of housing and energy poverty. It also expanded a decree approved in 2019 that in turn tried to stop the evictions of vulnerable individuals and families residing in properties owned by large owners (those with more than 15 floors), and forced landlords to “prove” that they had been released. offered the tenant a social rent before starting the eviction. Among other things, the new rule provides, for example, that in the new figure of large holder, in addition to natural persons with more than 15 flats, legal persons with more than 10 homes are also considered.
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