Author: María Gracia Moreno Vegas
Through the “Empresa Municipal de Vivienda y Suelo”, Madrid’s City Council has launched initiatives for access to subsidised housing through the procedure established by the Housing Allocation Regulations, amended in January 2019, as well as initiatives to help and encourage the rental of housing, especially aimed at the most socio-economically vulnerable groups.
THE REAL ESTATE DEVELOPMENTS OF THE MUNICIPAL HOUSING AND LAND COMPANY (EMVS)
According to what is published on its website, the Municipal Housing and Land Company (EMVS), since its creation, has been the continuator and heir to the social housing policies carried out since the first third of the 20th century: the Municipal Board of Cheap Houses, which operated from 1932 to 1944; the Municipal Housing Board, which operated until 1970; and the Housing Section of the Municipal Urban Planning Management, whose management ended in 1981 with the birth of the Municipal Housing and Land Company (EMVS). In 2005, the Municipal Housing and Land Companies merged to form the current Municipal Housing and Land Company (EMVS).
Since 1981 the EMVS has built some 27,000 homes in the capital. At present, the EMVS has 7,666 properties in property ownership, which is continually increasing through the construction of new developments and the purchase of homes from private individuals on the open market. During the 2019-2023 term of office, the Municipal Housing and Land Company (EMVS) is working with 52 housing developments and 4,132 affordable rental properties.
To consult the developments currently available in Madrid, the EMVS provides citizens with an interactive map that is updated according to the stages of completion of its urban development projects.
ACCESS TO PROPERTIES OWNED BY THE MUNICIPAL HOUSING AND LAND COMPANY (EMVS)
-PERMANENT REGISTER OF HOUSING APPLICANTS
The purpose of this register is to collect economic, family, social and other data to facilitate the study and organisation of applications for access to subsidised housing in the municipal district of Madrid City Council. It is through this means that those who wish to access subsidised housing must notify the Administration.
Likewise, in order to streamline the application and allocation process through what the EMV describes as “continuous management”, the Plenary of the Madrid City Council has modified the Regulation on the Allocation of Housing managed by Empresa Municipal de la Vivienda y Suelo de Madrid, S.A. approved by the Plenary of the City Council in ordinary session on 20 December 2018 (Official Gazette of the Community of Madrid -BOCM- number 3, 4 January 2019).
In essence, the requirements to be considered as an applicant for subsidised housing from the EMV are relatively few:
- Have an income less than or equal to 3.5 times the Public Multiple Effect Income Indicator.
- Not be the owner of the freehold or of a right of use or enjoyment of another dwelling.
- Residing and/or working in the municipality of Madrid
- Not be a tenant or lessee of publicly owned or managed housing.
However, the rules for submitting the application require the following documentation to be provided:
- In general:
- DNI/NIE/European Union Citizen Registration Certificate, as required by the Community of Madrid for the contract visa (only if you do not authorise us to consult your details).
- Family record book, failing that, marriage certificate, birth certificate, as applicable
- Depending on the social and family situation:
- Separated or divorced person: Judicial certificate of final judgment of separation or divorce and / or judicial certificate of the settlement agreement (if applicable).
- Single-parent family (minors in the application with only one parent): Court Certificate of Final Judgment of custody of minor children.
- Large family: Judicial certificate of final judgement of custody of minor children.
- If 1 year of residence in the Municipality of Madrid is not accredited: Certificate of current employment record, Company certificate accrediting seniority, address and postcode of the work centre (Employee), Census declaration and address of the activity (Self-employed), Appointment as civil servant in Public Administration accrediting seniority and address of the work centre (Civil servant).
- Reduced mobility: Certificate of the need for adapted housing.
- Disability: Certificate accrediting the degree of disability of more than 33% and/or with Degree III of Great Dependence.
- According to situation of housing vulnerability:
A) Type of removal:
-Institutional accommodation/temporary resource: certificate of the institutional accommodation in which he/she resides.
-On the street or temporary shelter: Social Report or SAMUR SOCIAL Report certifying the situation of street or occasional shelter.
B) Housing situation:
-You have title to the dwelling with a rental contract in your name: rental contract.
C) Situation of risk of losing the dwelling:
-By legal notice of abandonment: legal notice of abandonment, communicated in writing the date of abandonment of the dwelling.
Due to eviction proceedings in force: judicial eviction document in force for non-payment of rent or foreclosure against the applicant or a member of the family unit.
-Due to a situation of violence in the home: complaints, social reports, medical reports that accredit violence in the home.
Madrid City Council approved new Housing Allocation Regulations on 20 December 2018, which came into force on 5 January 2019 (available in the Local Regulations of the Transparency Portal). In order to participate in any EMVS allocation process, it is a prerequisite to be registered in the Permanent Register of Housing Applicants.
Housing offers are published on the Electronic Bulletin Board of the Madrid City Council and are announced on the website of the Municipal Housing and Land Company.
The selection of the successful bidders in each housing offer will depend on the number and type of properties available. The demand for applicants is organised into groups and subgroups, according to the personal, family, social, economic and other circumstances that each applicant presents in the Permanent Register of Applicants for Housing. The regulations in force establish minimum percentages of dwellings assigned to each group out of the total number of dwellings offered.
The following are considered to be demand groups:
-People in a situation of residential vulnerability.
-People under 35 years of age and people over 65 years of age.
–Single-parent families and families with many children.
-People with disabilities.
–Victims of gender violence, trafficking and/or sexual exploitation
-General demand and people in vulnerable situations
-General demand and people in “extreme residential exclusion”.
By segmenting the allocation of housing among all these social situations, it is possible to reach more sectors of the Madrid population. The flats are then allocated according to the characteristics of the applicants.
-LIMITATIONS AND CONTRACTUAL CONDITIONS
According to Article 20 of the Regulations for the Allocation of Housing Managed by Empresa Municipal de la Vivienda y el Suelo, S.A., the conditions are as follows:
a) The rental contracts signed will have an initial duration of five years, unless the applicable legislation establishes a longer period, although the possibility of an optional extension will be established for the lessee and compulsory for the lessor as long as the requirements for maintaining the allocation of the dwelling are maintained and there is no breach of the obligations assumed in the contract.
The Social Services of the Empresa Municipal de Vivienda y Suelo will support the transition to the normalised rental market for a period of six months for those housing beneficiaries who, due to an improvement in their socioeconomic situation, cease to meet the requirements established in article 4 of the aforementioned Regulation.
b) The amount of the deposit shall be the amount corresponding to the objective rent.
c) The monthly rent will be calculated in accordance with the level of effort multiplied by the average income of the family or cohabitation unit obtained in the last three months:
-If the income of the family or cohabitation unit is equal to or less than 1 times the Public Indicator of Multiple Effect Incomes (IPREM), the level of effort of the rent payment shall not exceed 20% of its economic income.
-On the other hand, if the income of the family or cohabitation unit exceeds one times the Public Multiple Effect Income Indicator (IPREM), the level of effort to pay the rent will not exceed 30% of their income, and may not exceed the amount corresponding to the objective income.
In the case of dwellings awarded in accordance with the provisions of article 18, the rent shall be that stipulated in the respective agreements or conventions.
d) For the signing of the rental contract, the incorporation of the Common Social Commitment, which is attached in Annex II of the Regulations, shall be an essential condition.
e) Contracts may be terminated, in addition to the causes contained in Article 27 of Law 29/1994, of 24 November, on Urban Leases, for breach of the obligations assumed in the Common Social Commitment.
Likewise, in accordance with Article 21 of the same Regulations, non-compliance by the successful bidder with the obligations assumed by contract or those contained in the Common Social Commitment, as well as for the causes established in Article 27 of Law 29/1994, of 24 November, on Urban Leases, will give rise to the initiation of the actions necessary for the termination of the contract.
EMVS, through its professionals, will issue an initial assessment of the situation, as well as a proposal for a Social Intervention Design.
If non-compliance with the objectives established in the Social Intervention Design is proven, the mandatory report will be issued within a period of 1 month, and the appropriate legal action will be taken in accordance with the applicable legislation.