The Constitutional Court annuls part of the Catalan law that limits rents


  • The Constitutional Court unanimously considers that these articles invade the powers of the State

  • The Llogateres Union has criticized the resolution on the understanding that it overthrows a law that

The Constitutional Court has upheld the appeal filed by 50 PP deputies and has annulled part of the Catalan law of 2020 that limited the price of rentalsunderstanding that in these articles the rule issued by Parliament invades the powers that belong to the State, sources from the high court informed EL PERIÓDICO.

The sentence, of which the magistrate has been rapporteur Ramon Saez Valcarcel, has made the Constitutional Court recover the unanimity that it had lost in its latest resolutions. None of the members of the plenary has doubted the need to annul the articles, understanding that they invade the powers of the State. The resource that they have estimated, once the deliberations, which began in the previous plenary session, was directed against seven articles of the norm (2, three sections of 3, 6, 7, 15, 16 and 18, as well as two additional provisions of the law of urgent measures in terms of rent containment in housing leases).

These articles regulate what the standard considers markets of tense areas in which it is foreseen the application of the caps to the expected rental income. These areas, which had to be declared by the Generalitat, encompassed a total of 60 Catalan municipalitiesas reported by the Department of Social Rights at the end of the first year of the approval of the law.

Determined by the Generalitat

The rule established that it was the Catalan department responsible for housing that would set “the reference price for rental contracts subject to the regulated price containment regime” based on “the data that appears in the Registry of rental bonds of urban farms and the additional characteristics that are taken into account to calculate said index at each moment”. Also the sanctions provided for in case of non-compliance.

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The Union of Llogateres has criticized the resolution, because he understands that it supposes a “rcut the right to housing for the benefit of the interests of the real estate lobby”. In his opinion, “rent regulation is an effective tool to lower rental prices and has benefited more than 160,000 tenants in the last year.” He maintains that it has meant “lowering rents by an average of 5% in regulated cities, where 70% of the Catalan population lives.”

The plenary session of the Constitutional will continue this Friday with the agenda that had been set, having not been able to resolve all the planned issues and having the intention of dedicating the next one exclusively to matters related to the ‘procés’, such as the resources of Oriol Junqueras , Dolors Bassa and Joaquim Forn. Last Tuesday the court, on the occasion of Women’s Day, held an act of tribute to all its workers during the pandemic.


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