In a new ruling, the Constitutional Court has partially annulled the Catalan Housing Law. Law 24/2015, of 29 July, was enacted in Catalonia to address the housing crisis and energy poverty. However, its implementation sparked controversy due to its interference in judicial matters that, according to the Spanish Constitution, fall exclusively under State jurisdiction.
This legislation required that creditors and owners which are legal entities offer a social tenancy before initiating any eviction proceedings for rent arrears or judicial foreclosure actions, raising constitutional doubts.
The debate intensified with the approval of Law 1/2022, which amended Law 24/2015 and introduced new regulations. Consequently, a group of deputies filed a constitutional challenge, arguing that the regional law encroached on State powers by regulating judicial procedures and tenancy contracts.
In response to this challenge, the Constitutional Court annulled several provisions of Law 1/2022 for being incompatible with State legislation.
Among the annulled provisions was the requirement to offer a social tenancy before proceeding with an eviction, as well as the possibility to suspend court hearings if this requirement was not met. The Court also invalidated the rules allowing automatic renewal of social tenancies and the extension of their duration beyond State limits.
Impact of the Ruling: Vulnerable Families and the Housing Crisis Challenge
This ruling, which partially annuls the Catalan Housing Law, has significant consequences, as it leaves many vulnerable families without the protections these laws provided, making it harder to curb evictions in the region.
Nonetheless, the obligation for large landlords to allocate vacant properties for social housing remains in force.
The annulment is based on the finding that the regional law exceeded its competence by regulating matters exclusively reserved for the State, posing a new challenge in the search for effective solutions to Catalonia’s housing crisis.
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