The latest draft of the housing decree that the Government wants to approve this Tuesday in the Council of Ministers has been leaked in the midst of negotiations with its partners. The document, which may still undergo changes, suspends evictions of vulnerable people until the end of 2028, allows certain leases to be extended, and tightens the conditions for temporary contracts.
The proposal comes after the eviction of Maricarmen, the 87-year-old woman expelled last week from the house where she had lived since 1956. Her case has reopened the debate on the protection of vulnerable households and has prompted a camp in Puerta del Sol demanding immediate measures from the Executive.
The text establishes that the courts must halt the eviction when the affected person proves their vulnerability, lacks another home, and the administrations are unable to offer an alternative. The suspension will be reviewed every twelve months and can be extended for a maximum of three years.
If the owner is an individual, the Administration will assume compensation for unpaid monthly payments, utilities, and other possible damages. This formula seeks to address one of the main demands of Junts, which calls for reinforcing tenant protection without burdening small landlords with the cost.
The draft also allows tenants with contracts ending before December 31, 2028, to request an extraordinary extension of up to two years. The tenant must be up to date with payments, and the owner must maintain the price and conditions, unless they need to recover the property for their own use or that of their family.
A draft that does not yet close the agreement
The regulation of temporary rentals occupies a large part of the document. Contracts must justify a specific and verifiable need, will have a maximum duration of twelve months, and will be considered habitual rentals when they lack a valid cause or are chained together to avoid legal guarantees.
The new regulation limits additional guarantees, prohibits transferring management costs to the tenant, and prevents the landlord from imposing non-payment insurance on them. In stressed areas, the price also cannot exceed the previous rent or the maximum set by the state index.
The package incorporates deductions in the Personal Income Tax (IRPF) for tenants in stressed areas and reductions of up to 100% for owners who meet certain conditions. It also allows surcharges to be applied in the Property Tax (IBI) to empty homes and tourist apartments.
Among the measures aimed at purchase is the 'TU CASA' line, which will grant loans of up to 50,000 euros without interest or commissions through the Official Credit Institute (ICO). The Government will also extend guarantees for affordable housing and rehabilitation projects up to 2,000 million euros.
The leak has also confirmed the absences that keep the clash with Sumar open. The draft does not regulate room rentals or guarantee the automatic renewal of all contracts. Sources from the minority partner consulted by 'ElConstitucional.es' acknowledge progress, but warn that the agreement "is not yet close".
The Tenants' Union considers any text that maintains an expiration date for rentals insufficient. Its spokesperson, Rufina Parra, has warned from Puerta del Sol that the protest will continue even if the Government approves part of their demands and has refused to accept a "false decree".
Podemos demands tougher measures against investment funds and has linked its vote to the assessment of the housing movement. Junts values the compensations to small owners and the tax advantages, although it continues to demand additional guarantees before committing its seven deputies.
The Government intends to approve the text this Tuesday although the parliamentary majority remains open. After being published in the Official State Gazette, it will have a maximum of 30 days to get Congress to validate it and prevent it from falling again as happened with the previous decree.
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