- The moratorium on evictions is extended three years until 2020, a measure that has been in force since 2013
- Families with minor children, single parents, gender violence or disability are included as vulnerable
- The Code of Good Practices will contemplate the option of renting the house executed at a reduced price
The Council of Ministers has approved a Royal Decree Law that extends and deepens the protection measures for vulnerable groups due to the crisis before situations such as the eviction of their home. Specifically, the moratorium on foreclosures affecting these groups is extended to 2020, up to 2020, a measure that has been in force since 2013. New cases of special vulnerability are also included, such as families with minor children or single parents with dependent children, unemployment (without having exhausted the benefit), disability, dependency or serious illness or gender violence. It will also facilitate the rental of executed housing at a reduced price for these cases. The standard has been developed with a broad consensus.
These measures complete the set of actions that the Government launched in 2012 before the problem of evictions and which together have benefited more than 78,600 families to date. Specifically, more than 24,000 launches have been suspended; More than 45,600 families have accepted the Code of Good Practices (CBP, to which 93 financial entities are attached) through 38,500 debt restructuring and 7,000 payments, and 9,020 homes have been awarded through the Social Housing Fund.
The RDL approved by the Government extends the term of suspension of mortgage launches for three more years, until 2020. The subjective criteria to qualify for both the Code of Good Practices and the suspension of launches are mostly equated and extended to the following assumptions :
– The family unit of which a minor is part, instead of under three years, as until now.
– The single-parent family unit with dependent children, instead of two dependent children, as before.
– The family unit with which one or more persons coexist with the holder of the mortgage or his spouse by family relationship until the third degree of consanguinity or affinity, and who are in a personal situation of disability, dependence, illness serious that temporarily or permanently unable to accredit them to perform a work activity. This requirement already applies in the suspension of launches and extends to the CBP.
– The family unit in which there is a victim of gender violence, a criterion that extends to the CBP and remains in the suspension of launches.
– In the suspension of launches the assumption of unemployment situation is extended, by eliminating the requirement of having exhausted unemployment benefits.
In another block of measures the option of renting the usual home executed is introduced in the Code of Good Practices. During the term of the suspension of launches, the foreclosed mortgage debtor located at the threshold of exclusion may request and obtain from the executing creditor of the dwelling, the rental of the same in favorable conditions. The rental request must be made within a specified period. It is established that the maximum annual rental price will be 3% of the value of the home at the time of the approval of the auction determined by appraisal. The lease will have a duration of five years, extendable another five by mutual agreement between the parties (between the executed and the successful tenderer).
The Government, within eight months of the entry into force of the Royal Decree-Law, will propose measures aimed at facilitating the recovery of the property of the habitual residence by the mortgage debtors included in the scope of the law of suspension of releases, when that had been the subject of a foreclosure procedure. These measures could take into account the application of discounts depending on the amounts paid by the executed as well as other factors that guarantee a fair price.
