November 29, 2020

Ábalos says that “in theory, evictions are suspended” after a family with children is left on the street



A family with four minors was evicted this Tuesday in Carabanchel, Madrid. In the flat lived a woman, Adoración, her son, her daughter-in-law and her four grandchildren. The image of the mother and children on the street with suitcases, furniture and mattresses, shared by the Carabanchel Assembly, went viral on social networks and this morning ERC deputy Gabriel Rufián took it out in the control session congressional. “While half of this hemicycle was in the bottle of the Ibex35 with Pedro J., this happened,” he snapped.

The Minister of Transport and Urban Agenda, José Luis Ábalos, later responded to the image by assuring that he was “shocked”, since “logically, the decree that we propose does not allow evictions. In theory, you do not have to consider any because the we suspend during the state of alarm. ” The reality, well known by social organizations such as the PAH, is far from governmental theory. “Evictions are not prohibited,” emphasizes Alejandra Jacinto, a lawyer for the organization. “Only those for rent with COVID vulnerability cause”

Adoración and his family lived in a flat in the Sareb. They entered paying 450 euros, but after a few months they discovered that the owner was not such. “The property was the Sareb and the contract was not valid,” explains Daniel Vega, spokesman for the Carabanchel assembly. “For legal purposes, that makes the tenant an occupier. We just finished another pretty similar eviction near here.”

This Tuesday was the fourth eviction that Adoración faced, after several attempts stopped. The tenant negotiated a social rent with the real owner, but in this time she has run out of income: she received the Minimum Income of the Community of Madrid and has requested the Minimum Vital Income, with which she stops collecting the first subsidy. And they still haven’t entered the IMV. “He is waiting for those works to be solved,” adds Vega. Sareb, for his part, assures that he asked the Court to postpone the eviction without success.

Minister Ábalos has assured that, after seeing the photograph, he was interested in the case. “It seems that it was an occupation to the extent that there was no contract. Obviously, we have contacted Sareb because this is not the image that this country deserves, especially if there are minors. We cannot ask for confinement and at the same time put the home at risk. ” Then, he has listed the measures that the Government has taken to guarantee housing during the pandemic. “In theory,” he repeated, “there should be no eviction for non-payment.”

A part of the so-called “social shield” concluded on September 30. Since then, electricity, gas and water companies can cut supplies to consumers who do not demonstrate vulnerability. Something similar happens with evictions. Only those in which the tenant proves vulnerability due to COVID are suspended. For example, they explain from the PAH, “a family that has stayed in ERTE or has seen their income decreased. Previous vulnerability, families that were already precarious before, are left out. Furthermore, the suspension is not automatic: you have to go case by case and each judge determines “.

“They have not been suspended,” emphasizes Javier Gil, from the tenant union. “If you receive an order, you have to present to the court why you have not been able to pay. Social services have to see that you comply, they tell the judge and the judge delays your eviction. There is a bureaucratic procedure that can fail.” From the Carabanchel Assembly they indicate that they currently know more than one hundred cases in progress. Social organizations demand that the suspension be automatic if there is no alternative housing. “There are still forced evictions. You drive families to the streets, something that in a pandemic is even more serious,” they settle from the PAH.

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