Extension of Suspension of Evictions and Release of Habitual Residence for Vulnerable Individuals/Families

Extension of the suspension of evictions and releases of habitual residence for vulnerable individuals and families.

The Council of Ministers has approved the extension until September 30, 2022 of several measures promoted in the latest royal decree-laws on evictions, known as the social shield; among them, the suspension of evictions and releases of habitual housing for vulnerable individuals and families, in the cases already provided for by the current regulations.

The measures, which are urgent and necessary to respond to the situation of vulnerable households in a context marked by the evolution of the pandemic, include:

•The extension until September 30, 2022 of the protection measures that were approved for those vulnerable households facing eviction proceedings from their habitual residence, with the coordinated action of the competent judicial bodies and social services. Those households affected by procedures for the release of their habitual residence that are not derived from lease contracts are included, when there are dependent persons, victims of violence against women or dependent minors.

In the latter case, the possibility is established that the judge, after weighted and proportional assessment of the specific case, has the power to suspend the launch when the owners of these properties are natural or legal persons who own more than 10 homes, requesting a report to the competent social services so that they can assess the situation of economic vulnerability and identify the measures to be applied to respond to said situation.

In these cases, the cases that have already been regulated in which the suspension can never be issued will be taken into account and are:

a) When the dwelling is the habitual residence or second residence of the owner.

b) When it has occurred in a property owned by a natural or legal person who has it assigned 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 reasonable indications that the home is being used to carry out illicit activities.

e) In the case of real estate intended for social housing and the housing has already been assigned to an applicant.

f) That the entry into the property has occurred after the entry into force of the royal decree-law.

Likewise, in the event that a housing solution is not offered within the following three months from the issuance of the social services report, the owners of the property will have the right to request compensation provided that the economic damage caused is proven.

•The period during which the landlords and owners of the dwelling affected by the extraordinary suspension provided for in the aforementioned Royal Decree-Law 11/2020, of March 31, may submit the request for compensation provided for in the second additional provision of the 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.

Said period was one month from the end of the validity of the measures, so, by extending it until September 30, 2022, the new period in which said request can be submitted is set until October 31, 2022. .

These are urgent measures, necessary to respond to the situation of households in a situation of vulnerability in the context of the evolution of the pandemic. They are added to the measures of a structural nature that the Government is carrying out in housing matters, aimed at making effective the exercise of the constitutional right to adequate decent housing and among which we can mention:

•The development of state legislation on housing, for the first time in the democratic stage, which is currently undergoing parliamentary proceedings.

•The approval of a new State Plan for access to housing 2022-2025.

•The different measures carried out to promote a greater supply of rental housing at affordable prices.

•Actions aimed at the rehabilitation and improvement of the housing stock.

All these measures are based on a corresponding increase in budget investment in this year 2022.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.