The calculation of rent control of Act 12/2023 breaches the constitutional rights to private property and equality

Abstract

This work analyzes the biases present in the index of the Resolution of 14 March 2024 and the criteria established for its calculation of 23 February 2024, on which the rent control of residential urban leases is based, in accordance with the Final Disposition 1.3 of the Act 12/2023, of May 24th, for the right to housing. The analysis of these biases transcends a mere statistical or economic approach as relevant and complex legal implications at the civil and constitutional level arise from its application, such as the analysis of the essential content of the right of private property, its social function, design a system of inequality and the competence framework in terms of housing. For this reason, this paper envisages the statistical calculation of income control and its proven economic inconvenience to facilitate access to decent housing and the civil and constitutional framework in which the right to private property is embedded and concludes that the index and its application threatens the essential content of this right, while causing situations that violate the constitutional right to equal treatment.