Right to Housing and Relevant Policies 1 Right

  • Slides: 8
Download presentation
Right to Housing and Relevant Policies 1. Right to housing as social fundamental right

Right to Housing and Relevant Policies 1. Right to housing as social fundamental right - Freedoms v social rights? - Constitutional basis? - Italian Constitutional court n. 404/1988: right to housing as inviolable human right, means to grant human dignity and ‘substantial’ equality (arts. 2, 3 Constitution) • - Right to housing as elementary precondition to enjoy human fundamental rights (art. 2, 3, 32, 29, 30 etc. ) • • FUNDAMENTAL RIGHTS AND PRIVATE LAW AFTER THE LISBON TREATY SUMMER SCHOOL 2014 1

International Conventions/Treaties/Charters Art. 25 Universal Declaration of Human Rights Art. 31 European Social Charter

International Conventions/Treaties/Charters Art. 25 Universal Declaration of Human Rights Art. 31 European Social Charter European Convention of Human Rights (ECHR) European Charter of Fundamental Rights (art. 34) • Art. 6 EUT No vertical harmonization; ‘diagonal’ effects of EU law on housing policies (ex. : freedom of movement, nondiscrimination) • • FUNDAMENTAL RIGHTS AND PRIVATE LAW AFTER THE LISBON TREATY SUMMER SCHOOL 2014 2

A) Right to Housing: Judicial Enforcement • Constitutional Court n. 404/1988: Unconstitutionality of art.

A) Right to Housing: Judicial Enforcement • Constitutional Court n. 404/1988: Unconstitutionality of art. 6 L. 392/1978 • Cassazione n. 14343/2009: is a clause of a tenancy contract prohibiting to host people other than members of the family void? FUNDAMENTAL RIGHTS AND PRIVATE LAW AFTER THE LISBON TREATY SUMMER SCHOOL 2014 3

B) Rental Market Policies Rental Affordability as Emergency • • • • 1. Historical

B) Rental Market Policies Rental Affordability as Emergency • • • • 1. Historical Background: a) Home ownership favor legis • High home-ownership rate: 70% • Reasons: Speculative bubble (1997 -2008); Political choices – recent examples: housing taxation b) Decreased investments in public housing since 1980 c) Liberalization of the rental market since 1998 (Lease Act): free market rents, or, AS AN OPTION, ‘fair’ rents negotiated by the most representative landlords and tenants associations increase of market rent levels : 1993 -2008: + 56% ; • 2002 -2012: + 130 % FUNDAMENTAL RIGHTS AND PRIVATE LAW AFTER THE LISBON TREATY SUMMER SCHOOL 2014 4

2. Effects of the crisis • • • a) Crisis of the housing market:

2. Effects of the crisis • • • a) Crisis of the housing market: –Drop in housing sale transactions: - 30% –Drop in sale prices: -25% –Drop in loan transactions –Introduction of a new heavy housing tax (2012), abolished in 2013, reintroduced in 2014 FUNDAMENTAL RIGHTS AND PRIVATE LAW AFTER THE LISBON TREATY SUMMER SCHOOL 2014 5

2. Effects of the crisis b) Crisis of the Rental Market • • Crisis

2. Effects of the crisis b) Crisis of the Rental Market • • Crisis of the rental market: -Drop in rents (-3, 6% per year), however no collapse as sale prices; -High rate of vacant dwelling (7, 5% of the total number of private residential tenures) - 2011: new rent tax (fix rate instead of proportionate to the personal income burden). favourable for high-income owners • • • Drop in rental transactions: - 30% in 2012 • Increase of eviction notices: + 60% in 20072012 • Increase of squattings (+ 30 000 in 2012 -2012 in Rome) FUNDAMENTAL RIGHTS AND PRIVATE LAW AFTER THE LISBON TREATY SUMMER SCHOOL 2014 6

3. Recent measures to cope with the crisis • • • Loan subsidies (around

3. Recent measures to cope with the crisis • • • Loan subsidies (around 2, 5 billion euros); • National rent supplement scheme (about 60 million euros in 2014 -2015); • Subsidies for innocent tenants in arrears (about 40 million euros in 2014 -2015) living in densely populated municipalities; • Suspension of eviction procedures in densely populated municipalities up to 31. 12. 2014 FUNDAMENTAL RIGHTS AND PRIVATE LAW AFTER THE LISBON TREATY SUMMER SCHOOL 2014 7

4. Home subsidies: short term and long term perspectives • • • Baldini and

4. Home subsidies: short term and long term perspectives • • • Baldini and Poggio Housing Policy toward the rental sector in Italy, (2010): rent supplement scheme more efficient and better targeted than social housing • Critical remarks • • Short term perspective: money allowances grant immediate relief to low-income households • Long term perspective: • Subsidization of landlords; keeping up market rents • • Alternative suggestion: better mixture among home ownership, social housing, private rental sector FUNDAMENTAL RIGHTS AND PRIVATE LAW AFTER THE LISBON TREATY SUMMER SCHOOL 2014 8