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The government approves the extension of measures as protection for those most vulnerable until October 31.
Translation from the relevant articles in the special law.
1. Until October 31, 2021 inclusive, the supply of electricity, natural gas and water to those consumers in whom the condition of vulnerable consumer, severe vulnerable or at risk of social exclusion, defined in articles 3 and 4, may not be suspended. of Royal Decree 897/2017, of October 6, which regulates the figure of the vulnerable consumer, the social bonus and other protection measures for domestic consumers. To prove the condition of vulnerable consumer before the companies supplying natural gas and water, it will be enough to present the last electricity bill that reflects the perception of the social bonus for electricity. ”
Two. Section 7 of article 5 is worded as follows:
«7. In any case, the condition of vulnerable consumer provided for in this article and, therefore, the right to receive the social bonus in the corresponding terms, will expire on October 31, 2021, without prejudice to the possibility of benefiting from said condition at any time before or after that date under the other assumptions provided for in Royal Decree 897/2017, of October 6. ”
Housing measures.
Suspension of the eviction procedure and the release of vulnerable homes without a housing alternative.
1. From the entry into force of this royal decree-law and until October 31, 2021, in all verbal trials that deal with claims for rent or amounts owed by the lessee, or the expiration of the term of the contracts signed in accordance with Law 29/1994, of November 24, on Urban Leases, which intend to regain possession of the property, whether or not the process has been previously suspended in the terms established in section 5 of article 441 of Law 1 / 2000, of January 7, of Civil Procedure, the tenant may urge, in accordance with the provisions of this article, an incident of extraordinary suspension of the eviction or release before the Court for being in a situation of economic vulnerability that makes it impossible for him to find a housing alternative for himself and for the people with whom he lives.
Likewise, if the launch date is not set, because the period of ten days referred to in article 440.3 of Law 1/2000, of January 7, of Civil Procedure has not elapsed, or because the hearing, said term or the holding of the hearing will be suspended.
These suspension measures that are established on an extraordinary and temporary basis, in any case, will cease to take effect on October 31, 2021.
2. For the suspension referred to in the previous section to operate, the tenant must prove that he is in any of the situations of economic vulnerability described in letters a) and b) of article 5.1 of this Royal Decree-Law by means of the presentation of the documents provided for in article 6.1. The Lawyer of the Administration of Justice will send said accreditation to the plaintiff, who within a maximum period of ten days may prove before the Court, by the same means, that he is also in the situation of economic vulnerability described in letter a) of article 5.1 or at risk of being placed in it, in case the launch suspension measure is adopted.
3. Once the previous writings have been presented, the Lawyer of the Administration of Justice must immediately transfer all the documentation to the competent social services and request a report from said services, which must be issued within a maximum period of ten days, in which assess the vulnerability situation of the tenant and, where appropriate, the lessor, and identify the measures to be applied by the competent administration.
4. The Judge, in view of the documentation presented and the social services report, will issue an order in which he will agree to suspend the launch if the situation of economic vulnerability is considered to be proven and, where appropriate, that the situation of economic vulnerability should not prevail. vulnerability of the landlord. If the vulnerability is not accredited by the lessee or the vulnerability situation of the lessor should prevail, he will agree to continue the procedure. In any case, the order that establishes the suspension will expressly state that on October 31, 2021, the calculation of the days referred to in article 440.3 of Law 1/2000, of January 7, on Civil Procedure, will automatically resume. or a date will be set for the hearing and, where appropriate, for the launch, depending on the state of the process.
Once the vulnerability is accredited, before the end of the maximum suspension period, the competent public administrations must adopt the measures indicated in the social services report or others that they consider appropriate to satisfy the housing need of the person in a vulnerable situation that guarantees their access to decent housing. Once these measures have been applied, the competent Administration shall immediately notify the Court, and the Lawyer of the Administration of Justice shall issue a decree within a maximum period of three days, agreeing to lift the suspension of the procedure.
5. For the purposes set forth in article 150.4 of Law 1/2000, of January 7, on Civil Procedure, it will be understood that the consent of the tenant is concurred by the mere presentation of the suspension request.
It will also be understood that the consent of the landlord to make the communication prevented in this article by the mere presentation of the letter alleging their situation of economic vulnerability concurs. ”
«Article 1 bis. Suspension until October 31, 2021 of the eviction procedure and releases for economically vulnerable people without a housing alternative in the cases of sections 2, 4 and 7 of article 250.1 of Law 1/2000, of January 7, of Civil Procedure, and in those others in which the eviction brings cause of a criminal procedure.
1. From the entry into force of this royal decree-law and until October 31, 2021, in all verbal trials in which the claims referred to in sections 2, 4 and 7 are substantiated .º of article 250.1 of Law 1/2000, of January 7, of Civil Procedure, and in those other criminal proceedings in which the launch of the habitual residence of those people who are living in it without any qualifying title is substantiated. Therefore, the Judge will have the power to suspend the launch until October 31, 2021.
These suspension measures, which are established on an extraordinary and temporary basis, will cease to take effect in any case on October 31, 2021.
2. In order to suspend the launch in accordance with the previous section, it will be necessary for homes that belong to legal persons or individuals who own more than ten homes and that the people who inhabit them without title are in a situation of economic vulnerability due to be in any of the situations described in letter a) of article 5.1.
The Judge will make the decision after a weighted and proportional assessment of the specific case, taking into account, among others that may proceed, the following circumstances:
a) The circumstances relating to whether the entry or stay in the property is motivated by a situation of extreme necessity. For the purpose of analyzing the state of need, the social services report issued in accordance with the following section will be adequately assessed.
b) The circumstances relating to the cooperation of the inhabitants of the dwelling with the competent authorities in the search for solutions for a housing alternative that would guarantee their right to decent housing.
3. For the suspension referred to in the previous section to operate, whoever lives in the home without a title must be a dependent person in accordance with the provisions of section two of article 2 of Law 39/2006, of December 14, Promotion of Personal Autonomy and Attention to people in a situation of dependency, victim of violence against women or having a dependent person or a minor in their charge, living in the same home.
In any case, the person or persons who occupy the home without title must also prove that they are in any of the situations of economic vulnerability described in letter a) of article 5.1 of this Royal Decree-Law by submitting the documents provided for in article 6.1. The Lawyer of the Administration of Justice, will transmit said accreditation to the plaintiff or complainant.
4. The Lawyer of the Administration of Justice must immediately transfer all the documentation to the competent social services and request a report from said services, which must be issued within a maximum period of fifteen days, in which the situation of vulnerability of the person or persons who have fixed their home in the property, and the measures to be applied by the competent administration are identified.
5. Once the situation of vulnerability of the person living in the home has been certified and all other concurrent circumstances weighed by the Judge, the Judge will issue an order agreeing, where appropriate, the suspension for the remaining time until October 31, 2021. If the applicant does not prove the vulnerability or is not among the people with the right to request the suspension in accordance with the provisions of section 2 or any of the circumstances provided for in section 6 concur, the judge will agree by order to continue the procedure.
During the maximum period of suspension set, the competent public administrations must, if economic vulnerability is found, adopt the measures indicated in the social services report or others that they consider appropriate to satisfy the housing need of the person in a vulnerable situation. guarantee their access to decent housing. Once these measures have been adopted, the competent Administration shall immediately notify the competent Court, and the Judge shall dictate within a maximum period of three days, auto agreeing the lifting of the suspension of the procedure and the corresponding launch.
6. For the purposes provided for in article 150.4 of Law 1/2000, of January 7, on Civil Procedure, it will be understood that the consent of the defendant is concurred by the mere presentation of his request for suspension.
7. In no case will the suspension referred to in this article proceed if the entry or stay in the home has taken place in the following cases:
a) When it has occurred in a property owned by a natural person, if in said property he / she has his habitual residence or second residence duly accredited, without prejudice to the number of homes he / she owns.
b) When it has occurred in a property owned by a natural or legal person who has assigned it by any valid title in law to a natural person who has his habitual residence or duly accredited second residence there.
c) When the entry or stay in the property has occurred through intimidation or violence against people.
d) When there are rational indications that the home is being used for illegal activities.
e) When the entry or stay has occurred in public or private property for social housing and the housing has already been assigned to an applicant by the administration or entity that manages said housing.
f) When the entry into the home has occurred after the entry into force of this royal decree-law. ”
Extraordinary extension of habitual residence lease contracts.
In the lease contracts of habitual residence subject to Law 29/1994, of November 24, on Urban Leases, in which, within the period from the entry into force of this royal decree-law and until October 31 of 2021, the mandatory extension period provided for in article 9.1 ends, or the tacit extension period foreseen in article 10.1, both articles of the aforementioned Law 29/1994, of November 24, on Urban Leases, may be applied, prior Tenant’s request for an extraordinary extension of the term of the lease for a maximum period of six months, during which the terms and conditions established for the current contract will continue to apply. This request for an extraordinary extension must be accepted by the landlord,
“1. The tenant of a habitual residence contract signed under Law 29/1994, of November 24, on Urban Leases, who is in a situation of economic vulnerability, as defined in the following article, may request a the lessor when this is a company or public housing entity or a large holder, understood as the natural or legal person who owns more than ten urban properties, excluding garages and storage rooms, or a constructed area of more than 1,500 m 2 , until October 31, 2021, the temporary and extraordinary postponement in the payment of the rent, provided that said postponement or the total or partial cancellation of the same had not already been achieved on a voluntary basis by agreement between both parties.”
Royal Decree-Law 37/2020, of December 22, on urgent measures to deal with situations of social and economic vulnerability in the field of housing and transport is modified, in the following terms:
One. Section 2 of the second additional provision is worded as follows:
“2. The compensation will consist of the average value that would correspond to a housing rental in the environment in which the property is located, determined from the reference indices of the housing rental price or other objective references representative of the rental market, plus the current expenses of the house that the landlord proves to have assumed, for the period between the suspension being agreed and the moment in which it is lifted by the Court or until October 31, 2021. However, if said value is higher than the rent received by the landlord, the compensation will consist of rent not received during the same period indicated above plus current expenses. ”
Two. Section 3 of the second additional provision is worded as follows:
“3. The request for compensation may be submitted until November 30, 2021, and the lessor must make a reasoned and justified statement of the compensation that it deems appropriate based on the criteria indicated above. ”
Three. Section 5 of the second additional provision is worded as follows:
“5. If the concurrence of economic damage is accredited in the terms established in the previous section, the compensation will consist of the average value that would correspond to a rental of housing in the environment in which the property is located, determined from the reference indices of the housing rental price or other objective references representative of the rental market, plus the current expenses of the housing that the owner proves to have assumed, for the period between when the suspension is agreed and the moment in which it is lifted by car or until October 31, 2021. »
Four. Section 6 of the second additional provision is worded as follows:
«6. The request for compensation may be submitted until November 30, 2021, and the owner of the home must formulate a reasoned and justified statement of the compensation that it deems appropriate based on the criteria indicated above. ”
CHAPTER III
Extraordinary measures regarding Gender Violence
Fourth article. Extension of the consideration as essential of protection and assistance services for victims of gender violence.
1. For the purposes of the provisions of Law 1/2021, of March 24, on urgent measures in terms of protection and assistance to victims of gender violence, the consideration as essential is extended until October 31, 2021 of the services established in its articles 2 to 5.
2. For these purposes, the competent public administrations shall adopt the necessary measures to ensure the provision of their own services.
3. The same requirement will be applicable to those companies and suppliers that are essential for the provision of the aforementioned services.
Sole repealing provision. Regulatory repeal.
Any provisions of equal or lower rank that oppose the provisions of this royal decree-law are repealed.
First final provision. Modification of Royal Decree 401/2021, of June 8, which approves the necessary measures so that the autonomous communities can use the resources of the State Housing Plan 2018-2021, in order to face the appropriate compensation, and which establishes the procedure for the recognition of compensation to owners and landlords referred to in articles 1 and 1 bis of Royal Decree-Law 11/2020, of March 31, by which urgent measures are adopted complementary in the social and economic sphere to face COVID-19.
Article 3 of Royal Decree 401/2021, of June 8, is modified, which approves the necessary measures so that the autonomous communities can use the resources of the State Housing Plan 2018-2021, in order to face the compensations that proceed, and which establishes the procedure for the recognition of compensation to owners and lessors referred to in articles 1 and 1 bis of Royal Decree-Law 11/2020, of March 31, by which Urgent complementary measures are adopted in the social and economic sphere to deal with COVID-19, which is drawn up in the following terms:
«Article 3. Procedure for the presentation, processing and resolution of requests made by the lessors or owners of the affected homes.
1. The procedure for obtaining compensation will begin at the request of a party, through the corresponding request, which may be submitted until November 30, 2021.
2. The landlord or owner will direct their request to the competent body in housing matters of the autonomous community or of the cities of Ceuta and Melilla, which must be accompanied by a reasoned and justified statement of compensation for the period between the extraordinary suspension of article 1 of Royal Decree-Law 11/2020, of March 31, or the suspension of the launch of article 1 bis of Royal Decree-Law 11/2020, of March 31, and the moment when the fact that it is lifted by the Court or for reaching the time limit of October 31, 2021, and that it deems appropriate based on the following criteria:
a) The average value that would correspond to a rental of housing in the environment in which the property is located, determined from the reference indices of the rental price of housing or other objective references representative of the rental market. If said value is higher than the rent received by the landlord, the compensation will consist of income not received.
b) The current expenses of the house that the landlord or owner proves to have assumed, for the period between the suspension being agreed and the moment in which it is lifted by the Court or for reaching the time limit of 31 December October 2021.
c) In the event of the suspension of the launch of article 1 bis of the aforementioned Royal Decree-Law, the owner must accredit the economic damage caused by finding the home offered for sale or lease prior to entry. in the property.
3. The autonomous communities and cities of Ceuta and Melilla will process the compensation to landlords or owners provided for in Royal Decree-Law 37/2020, of December 22, in accordance with the provisions of this Royal Decree and Law 39/2015 , of October 1, of the Common Administrative Procedure of Public Administrations.
The application, as well as the rest of the procedures of the procedure, will be carried out by electronic means when the applicant is among the subjects included in article 14.2 of Law 39/2015, of October 1. Individuals may submit their request in any of the places of article 16.4 of Law 39/2015, of October 1, and carry out the rest of the procedures of the procedure by non-electronic means or exercise their right to interact electronically with the administrations public.
4. The maximum term to resolve and notify the interested party of the resolution will be three months, although exceptionally the competent body may agree to extend the term by three more months, a circumstance that will be expressly notified to the interested party. Once the maximum term has expired without an express resolution having been notified, the interested party may understand it as estimated by administrative silence.
5. The autonomous communities and the cities of Ceuta and Melilla may develop or complete this procedure in order to facilitate its management and the receipt of compensation by the lessor or the owner. ”
Second final provision. Safeguarding the range of regulatory provisions.
This comes into force August 3. 20201
Information in Spanish on the suspension of mortgage payments and other assistance.l
