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Spain’s Constitutional Court has suspended - provisionally - the law passed by the Junta de Andalucía in October to prevent families with limited financial resources being evicted from their homes.

46353 1251686 foto 1 300x225 - Andalucía’s Anti-eviction Law Suspended by CourtThe law, described as a measure to ensure the social function of a property, allowed the authority to temporarily expropriate the use of a property repossessed by a bank so that its original owners could still live in it.

The Constitutional Court has admitted the central government appeal against the law designed by the Junta de Andalucía to ease home evictions by temporarily expropriating the use of houses seized by banks and allowing their owners to continue living in them.

The Andalusian law was passed on October 1st and revoked a previous decree on the same matter which had been passed in April and was also the subject of an appeal on grounds of it being unconstitutional.
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The Constitutional Court on Thursday ordered a temporary injunction against the controversial anti-evictions decree passed earlier this year by the Andalusian government until it can resolve the constitutionality of the measure.

1019884 15724 1 - Temporary injunction against Andalusia anti-eviction decreeThe Rajoy administration filed a suit against the law on June 28. In its ruling, the top court said it was ordering a temporary halt in applying the decree as a precautionary measure until it can study the case.

The decree, passed by the Socialist regional government of José Antonio Griñán, protected the most vulnerable from being evicted from their homes as a result of foreclosures. It also allowed the Andalusian government to take over any empty property owned by the banks and to let people who have been evicted live there for up to three years. The regional government would pay a nominal rent to the banks.
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The Andalusian chief of public works and housing, Elena Cortés, on Thursday called on the central government to organize a conference involving all the regions to debate the burning issue of evictions.

She also hoped the conference would give the Andalusian regional government the opportunity to explain in detail the 1016200 2599486 1 300x225 - Andalusia housing chief calls for national evictions summitnew decree on social housing it approved on Tuesday, under which it plans to seize the homes of the needyiest families subject to eviction for up to three years.

Cortés said the central administration has a "golden opportunity" to advance in the same direction by passing the Popular Legislative Initiative on evictions presented in Congress by the Mortgage Victims Platform, which supports dation in payment — canceling a mortgage by handing back the keys to the bank — social housing, changes to mortgage laws and civil lawsuits, and the halting of eviction procedures.

Cortés explained the region's new social housing decree would come into effect on Friday, allowing eligible families to apply for a temporary seizure of their home at one of the housing protection offices it opened in Andalusia's various provincial capitals last October.
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The Popular Party (PP)'s refusal to back a popular initiative for the concept of dation in payment, whereby a homeowner unable to meet mortgage payments can cancel the debt with the bank by handing over the keys, was met with indignation by the Mortgage Victims Platform (PAH).

Flats - Popular Party blocks key elements of draft eviction billOn Tuesday the government presented its amendments to the so-called Popular Legislative Initiative, which reached the lower chamber on a wave of public support that included 1.5 million signatures.

The rest of the parliamentary groups accepted the basic points of the proposal: universal and retroactive dation in payment; a halt to evictions; and the creation of a glut of social housing to support those who have lost their homes.

The PP, though, stated that "not now, nor during the parliamentary process" of amending the proposal will it entertain universal dation in payment. "It is an insult to the people affected," said PAH spokeswoman Ada Colau on Wednesday. "The PP has caved to the bullying of the banks." The government, she added, has destroyed the spirit of the bill by quashing its main objectives.
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