The Government will continue with the processing of the draft Law on the Right to Housing, despite the critical report approved this Thursday by the plenary of the General Council of the Judiciary (CGPJ).
Although the report is a setback for one of the flagship laws of the coalition Executive, the Minister of Transport, Raquel Sánchez, has confirmed that next Tuesday, February 1, the Council of Ministers will approve the draft bill in the second round and send it to Congress for parliamentary processing.
In statements to Efe, Raquel Sánchez assured that the judicial power's report "does not observe comments that cast doubt on the validity and legal solvency that we have always defended of this draft bill."
"We will analyze the report, but there will be a housing law, and I want to convey a message of tranquility and firmness: we will take it to the approval of the Council of Ministers next Tuesday," said the minister, after stressing her confidence that "the law respects the powers of the autonomous communities, safeguards and protects the right to housing and is compatible with the right to property."
Sánchez has equated the housing law with that of abortion, euthanasia and equal marriage, and has argued that social advances in Spain "have always been thanks to socialist governments, while the right has always reacted against it, although it has later joined the advances."
The keys to the new housing law
1.- THE COMMUNITIES DECLARE THE STRESSED AREAS
The autonomous communities may declare a territorial area as a stressed residential market area for a period of three years after verifying that in that area the rental income exceeds 30% of the average household income and that in the last five years it has risen five points above the CPI of that community.
2.- 18 MONTHS TO DEVELOP THE REFERENCE INDICES
The income of legal entities owning more than ten homes in stressed areas is limited according to a system of reference price indices. Although the Ministry of Transport, Mobility and Urban Agenda (Mitma) already has one, a period of 18 months is given from the entry into force of the law for its preparation, which in practice means that the regulation of rents for large owners would not begin to apply this legislature.
3.- TAX RELIEF IN THE IRPF FOR LANDLORDS (NEW CONTRACTS)
The current 60% tax relief in the IRPF for net income from the rental of habitual housing becomes 50%, but is modulated up to 90% in stressed areas.
For new rentals of homes to young people between 18 and 35 years old, the reduction is 70%, while for protected homes and for houses rehabilitated in the last two years it is 60%.
4.- SURCHARGE ON THE IBI OF EMPTY HOMES
The city councils may apply a surcharge of 50% on the liquid quota of the real estate tax (IBI) to properties for residential use that remain unoccupied without justification for more than two years; 100% if it is empty for more than three years and 150% if the owner has several unoccupied properties in the same municipal term.
Some justified reasons for having an empty home are the transfer for work or training reasons, change of address due to dependency, health or social emergency, properties intended for second residence with a maximum of four years of continuous vacancy or those under construction or immersed in some litigation.
Properties for sale (one year maximum) or rent (with a maximum of six months) are also excluded, under market conditions.
5.- SUSPENSION OF EVICTIONS
The great novelty is that it will be the courts that ex officio suspend evictions for non-payment of rent of vulnerable families for two months, if the plaintiff is an individual, and for four months if it is a legal entity.
6.- INCREASE THE SOCIAL HOUSING STOCK
Among other measures to increase the social housing stock, the text establishes the reservation of 30% of the urbanized land in the new promotions for public housing and, of that percentage, half for rent, and 10% in the actions of reform or renovation of the urbanization.
7.- INCENTIVIZED AFFORDABLE HOUSING
It also creates, together with protected housing, the figure of "incentivized affordable housing", as that of private ownership with urban and fiscal benefits destined for rent at reduced prices.
