The Generalitat has just published a decree law to increase the cases of suspension of the act of launching different legal proceedings, in order to prevent the loss of housing of people at risk of residential exclusion. The rule also includes measures on compulsory social rent and its consequences in the processing of proceedings before the Courts.
Mandatory social rent
The obligation to offer a social rent before the filing of certain demands is replaced by the need to prove that the aforementioned compulsory rent has been offered. In addition, it is required that in those legal proceedings in which the large landlord cannot prove that he has formulated a social rental proposal prior to its filing, the legal proceedings must be interrupted so that the large landlord may formulate it and, where appropriate, the aforementioned accreditation may be incorporated into the procedure.
Suspension of eviction proceedings and releases.
As long as the declaration of a state of alarm is in force or any restriction on the freedom of movement is established for health reasons, the execution of court rulings involving the release of persons or family units that are within the parameters of risk of residential exclusion provided for in Law 24/2015.
Scope of application
Beneficiaries of the suspension:
- The procedure must have been requested by a large landlord or a legal entity that has acquired after April 30, 2008 homes that are, in first or subsequent transfers, from foreclosures, agreements of offsetting debts or giving in payment or sales that have as a cause the impossibility of repaying the mortgage loan.
- The procedures included are those of article 5.2 of Law 24/2015, as well as those of the first additional provision. With the specialty, that in the case of the occupations without title enabling this will have to have produced prior to the validity of the present state of alarm (Royal decree 926/2020, of 25 October).
