The Council of Ministers has approved this Tuesday a new Royal Decree-Law of urgent measures "to deal with situations of social and economic vulnerability in the field of housing, which introduces new protection measures for those vulnerable households facing eviction proceedings from their habitual residence, also introducing a series of improvements to ensure the coordinated action of the judicial bodies and the competent social services".
Firstly, "in order to extend and ensure the protection of housing tenants in a situation of vulnerability, already established in Royal Decree-Law 11/2020, of March 31, which adopts complementary urgent measures in the social and economic field to deal with COVID-19, the temporal and subjective scope of the measures established to respond to the severity of the consequences of the pandemic is extended".
Specifically, the possibility of suspending the eviction procedure is extended until the end of the state of alarm, in order for social services to offer solutions to tenants who are in a situation of economic vulnerability without housing alternatives.
In addition, the situations of social and economic vulnerability that can be alleged are extended, extending these situations to those not necessarily derived, directly, from the effects of the expansion of COVID-19.
Also, "in order to guarantee the effectiveness of the measure", the communication by the court to the competent social services is established, to assess the situation of vulnerability of the tenant, and if applicable, of the landlord, and formulate the proposal of measures to be adopted.
The decree establishes that the suspension of the eviction will be maintained for the time necessary to apply the social measures that proceed, which must allow a housing solution that guarantees decent housing, and always within the period of the state of alarm. In addition, if a housing solution is not offered within 3 months from the issuance of the report by social services, landlords will have the right to request compensation "provided that the economic damage caused is proven".
On the other hand, in the context of the state of alarm, special protection is offered to those households affected by eviction proceedings from their habitual residence, which do not derive from lease agreements, when there are dependent persons, victims of violence against women or underage children in their care.
In this case, the possibility is established for the Judge, "after a weighted and proportional assessment of the specific case, to have the power to suspend the eviction, when the owners of these properties are natural or legal persons holding more than 10 homes, requesting a report from the competent social services in order to assess the situation of economic vulnerability and identify the measures to be applied to respond to this situation".
The new rule establishes in this case that the suspension of the procedure can never be ordered when the dwelling is the habitual or second residence of the owner; when the property is assigned to a natural person who has his habitual or second residence in it; when the entry or permanence in the dwelling has occurred through intimidation or violence against persons; when there are rational indications that the dwelling is being used for the performance of illicit activities; when it comes to properties intended for social housing and the dwelling has already been assigned to an applicant; or when the entry into the property has occurred after the entry into force of the Royal Decree-Law.
Likewise, if a housing solution is not offered within 3 months from the issuance of the report by social services, the owners of the property will have the right to request compensation provided that the economic damage caused is proven.
Finally, the new rule provides that the Autonomous Communities may use the resources of the State Housing Plan 2018-2021, regulated by Royal Decree 106/2018, of March 9, in order to face the foreseen compensations, whose procedure will be regulated through Royal Decree.
"These are exceptional measures that provide an urgent and immediate response to situations of vulnerability in the context of the state of alarm, which are added to the different actions developed, with a structural nature, in the field of housing, among which we can highlight the elaboration of a state legislation that will offer balanced and effective solutions to advance in the guarantee of the right to decent and adequate housing, enshrined in article 47 of the Spanish Constitution", they point out from the central Government in a statement.
