Project Approved to Protect the Elderly and Disabled from Eviction

23 May 2018

Deputies from the Parliamentary Working Group on Housing approved a bill sponsored by the PS (Socialist Party) which would curb the eviction of elderly or disabled persons who have been renting the same property for more than 15 years.

The approval of the socialist deputy’s bill came after another bill by the Left Block was rejected, which would have suspended both the deadlines associated with the New Urban Lease Scheme (NRAU) and all eviction proceedings, covering all rental agreements.

The PS’s draft law, submitted to the National Assembly on April 27 of this year, aims to establish “an exceptional and transitional regime for the protection of the elderly or disabled who have been renting and living in the same space for more than 15 years.”

Within the Commission, the PS made changes to its own legislation, including a new article on the suspension of the special eviction procedures, which was approved with supporting votes by the PS, the BE and the PCP, with votes against by the PSD and CDS-PP.

It was decided that the exceptional and transitional regime “will apply to leases for housing whose tenant, at the date of entry into force of this law, has been resident for more than 15 years and is older than 65 years of age or a proven degree of disability equal to or greater than 60%.”

In the cases covered by the PS’s bill, it will be possible to temporarily suspend the periods for the opposition to the renewal of rental contracts by landlords.

Excluded from the transitional regime are situations in which compensation has been paid to the lessee for the non-renewal or termination of the lease, or when a contract involving the payment of such compensation has been concluded,” unless the lessee communicates to the landlord the waiver of said compensation, within the period established for that purpose, by refunding the amounts received.

The socialist’s bill also excludes cases in which the termination of the lease has been determined by a final court decision.

The PS’s decree, which “enters into force on the day after its publication,” “shall take effect until the entry into force of the revision of the urban rental system which will create a definitive framework for the protection of tenants on the basis of age and disability,” was approved by the Parliamentary Working Group on Housing, with votes in favor by deputies in the PS, the BE and the PCP and votes against by deputies allied with the PSD and the CDS-PP.

The vote on the draft PS law will still have to be reviewed by the Committee on Environment, Spatial Planning, Decentralization, Local Power and Housing so that it can then go to plenary for a final vote.

Original Story: Lusa / Diário Imobiliário

Translation: Richard Turner