A shadow over the new housing law, by Jordi Nieva-Fenoll

A very popular law is being debated in the Senate: the law on the constitutional right to housing. We all need a quality home, not a hole to sleep in.. Is about something so basic that it causes shame that some economic and political powers insist on questioning it.

However, although the law wants to move in the right direction, it is not without some too important shadow that will hinder its good intentions. Concerned as the legislator is about economically vulnerable people, it bureaucratically makes it difficult to evict these people when they are tenants or signed a mortgage that they have finally been unable to pay. In a very hasty summary, submits the eviction to a prior conciliation attempt, demanding vulnerability certifications that are not easy to obtain, guaranteeing extensions that, in the end, can cause in practice the unlimited suspension of the eviction.

Of course, we cannot return to that situation, which is normalized in Spain and which still occurs sometimes, in which those who are evicted are literally left on the street and must find a life however they can, or sleep in the open, which may include To his family. No one who has suffered an eviction forgets the irreparable psychological damage that it produces, especially in children and adolescents.Not to mention the elderly. Such situations cannot be allowed to be seen again, with dispossessed families walking down the street carrying what little they could save.

get out of emotions

That said, you have to get out of the realm of emotions and have a cool head to determine what is best for all vulnerable people to have decent housing. In this sense, together with the social housing construction – which remains desperately slow and scarce – if we want housing to be available, we cannot subdue the ownersbe they huge, medium or smaller, to a situation that they will not want to manage, because that will make them sell their properties en masse, or they will change the object of their properties and go to generate offices or tourist apartments, but not homes. And of course, don’t even think about offering your homes to potentially vulnerable people. All this is already happening, and it is causing a housing disaster.

On the contrary, one must be aware that investors are not going to disappear from the real estate marketOr, and in fact they are one of the necessary players in said market, unless the State wants to take over as the owner of a huge housing stock, which does not seem to be the case. This being the case, what a trader wants is security, even if he earns less. And it can be given easily. Enough with not treat him as if he were the enemy, but seek his voluntary collaboration so that it is profitable.

In this sense, there are three basic measurements that should be carried out. The first two are the price control and the extension of minimum rental terms to at least 10 years. This would avoid the gentrification and constant nomadism that is currently observed among the citizens. It is almost impossible to stay in a property for more than four years.

Automate evictions

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The third is the automation of evictions. If there is non-payment, the property must be abandoned within a maximum period of 10 days from the filing of the claim. It is perfectly possible to achieve it. It is enough to impose the domiciliation of the payment and that judicial notifications are carried out only by email and mobile phone, which everyone has. Demonstrating non-payment, the eviction will take place without the need for a judicial commission, with police help if necessary, so that the owner accesses the house on the appointed day, considering everything inside well abandoned. The evicted person will be transferred the same day, if desired, to social housing with your belongings. This availability must be guaranteed by the Administration.

If this is not done, the black market of illegal occupations and illegal evictions that feed on each other, and that places us in pre-democratic times to which no one wants to return, will persist. And worst of all, there will continue to be no housing for the most vulnerable.

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