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Real Estate News Rental law: points against Alberto, Cristina, Senate 4 lost years - La Nación

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Rental law: points against Alberto, Cristina, Senate 4 lost years - La Nación

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September 14, 2023

Rental law: Iván Kerr points against Alberto, Cristina, the Senate and the four years lost in housing matters

By; Ivan Kerr




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The bill to modify the rental law received half a sanction in the Chamber of Deputies but is still awaiting approval in the Senators

The Rental Law passed in June 2020 did not work. That is an absolute truth. There is still some crazy people hanging around, who claims to represent supposed tenants, and insists that the solution to the issue continues to be with more intervention from the State. A rubber stamp, to which the Senators should not give so much importance. Pure hubbub.

Now, the attempt to modify the law , a crusade that seems not possible until after December 10 , highlights the enormous distance between the current government and the needs of the people. Furthermore, it lays bare the original plan drawn up by Cristina Fernández de Kirchner, designated by a Twitter message, who was going to be her formula candidate for the 2019 elections, leaving her entrenched in the bunker of the vice presidency in the Senate . of the Nation , from where he would set up a pseudo legal firm to defend himself in his corruption cases.

Weeks ago, the quorum to sit down to debate the project to modify the rental law, which came with half a sanction from Deputies, was exchanged for the treatment of the extension of the period to retire of Judge Figueroa, already dismissed by the Court Supreme Court of Justice of the Nation. In the middle, tenants, owners, auctioneers and all real estate development hostage to the agenda of the head of Kirchnerism, a political space that lost its initiative a long time ago and that will remain in memory; this, as one of the worst governments of the return of democracy. With a president who, far from governing to address people's problems, such as ensuring that the population can pay the rent for their homes, has prioritized an out-of-time progressive agenda, which leaves Argentina in economic uncertainty, very high inflation, without reserves and with a very uncertain future outlook.


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The specialist does not believe that the law will be modified before the presidential elections

Now, going to the reform of the rental law, it is clear that the law has added many complications . However, everything is not reduced -solely- to the term of the contracts and their adjustment clause , which is the only thing that is talked about these days. In a recent work that we published with the Fundación Pensar team, we highlighted the numerous changes that the Argentine real estate market has undergone in recent years, marked by an environment of uncertainty and constant adaptation.

The drop in the supply of rental housing is not only a result of the bad rental law ; The crisis is also due to the implementation of the DNU dictated by Alberto Fernández during the pandemic that prohibited evictions , imposed freezing of rents and automatically extended the terms of contracts . And, to this scenario were added fiscal and bureaucratic decisions that directly affected the normal functioning of the market.

Announcements of expropriations, bills on new price controls for rental renewals, the implementation of multiple restrictions on the economy, directly affected the saving capacity of Argentines as the first link to be able to buy a home . The idea of a tax on idle housing also turned out to be a conspiracy negatively against the real estate sector.

Given this, we believe that the opinion approved by the Chamber of Deputies of the Nation on August 23 is a notable improvement and progress towards restoring confidence in the rental market, but that by itself it will not be enough. to resolve all the challenges presented by housing policy in our country.

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Kerr partially attributes the market crisis to the measures taken during the pandemic by President Fernández

It is necessary to reconstruct a comprehensive and in-depth approach that attacks the central problems that cause the housing deficit that we have carried for several generations in a structural way. The recovery of mortgage credit as a central tool for accessing housing and driving real estate development cannot occur with double-digit monthly inflation levels. It is necessary to rebuild legal security , the basic premise of the construction of our Republic, where the defense of private property and the protection of individual freedoms are not called into question.

In this sense, we believe that the legislative discussion in the Senate should be guided by constructive collaboration and the search for balance between the parties . We are facing a historic opportunity to provide a fundamental solution to the problematic rental regulations in the Argentine Republic.

Likewise, it is still pending to introduce the figure of social rental , as another housing policy to be offered. Indeed, the National Social Rental Program, created by article 17 of Law 27,551, has been forgotten for four years. The possibility that public policy helps those who have difficulties meeting the guarantee, deposit and other expenses necessary to obtain a rental home, with insurance and/or guarantees that cover non-payment of rent; They will remain as an outstanding debt after December 10 . The opportunity was lost in these four years to develop supervised rental schemes for the most vulnerable families, as almost all countries in the region offer today.


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Kerr highlights that it is still pending to implement a social rental plan


In this regard, the proposal for “An Orderly Country”, recently presented by Patricia Bullrich, includes the creation of a credit fund for the first young rental . It is the only platform of the three political spaces that aspire to govern Argentina in the next four years, which offers a concrete solution to the housing crisis that we are experiencing. It generates hope that, in her government, the issue of rents and housing policy in general will be on her agenda and is part of her main management proposals. A light at the end of the tunnel.

Iván Kerr is coordinator of the Housing and Habitat Roundtable of the Pensar Foundation, and was Secretary of Housing in the government of Mauricio Macri

By:Ivan Kerr




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