Urgent emergency measures in housing and energy poverty
Do you have a client who is a natural person (society) and has rental or foreclosure homes?
According to article 5 of Law 24/2015, of July 29, on urgent measures to face the emergency in the field of housing and energy poverty, applicable in Catalonia, your customers will be required to make a social rental offer to their tenants, provided they are in the following cases.
A legal entity that is in any of the following situations:
1) It is a legal entity that has the status of a large holder of housing.
They are large housing holders:
a) Financial entities, real estate subsidiaries of these entities, investment funds and asset management entities, including those from bank restructuring, in accordance with commercial legislation.
b) Legal entities that, by themselves or through a group of companies, own a living area of more than 1,250 m2, with the following exceptions:
- 1st. The social promoters referred to in letters a and b of article 51.2 of Law 18/2007, of December 28, on the right to housing.
- 2nd. Legal entities that have more than 15% of the habitable surface of the property classified as official protection homes for rent.
2) It is a legal person that has acquired after April 30, 2008 homes that are, in first or subsequent transfers, from foreclosures, from debt compensation or payment in installment agreements or from sales that have as It causes the inability to repay the mortgage loan.
In both cases, prior to the filing of any judicial claim of eviction for non-payment of rent, or foreclosure against persons or family units at risk of residential exclusion defined by the Law, who do not have their own alternative housing, The plaintiff must make a social rent offer.
Previously, the plaintiff must verify whether the exclusion circumstances are met and require the information from those affected.
The definition of residential exclusion risk is regulated in article 10.5 and the processing of the social rental offer is regulated in article 5.3 to 5.8.
In the event that the social rental offer is not made, it will incur a serious infringement provided for in Law 18/2007 on the right to housing, and may be sanctioned with a fine of up to a maximum of € 90,000.