Rent control in lease agreements as a measure to facilitate access to housing under review: the need for new legislative reforms

Abstract

Faced with the difficulty of accessing housing due to high prices and a shortage of rental properties, the measure of rent control has emerged. This measure, introduced in Spain by the 2023 Right to Housing Act, aims to regulate rental prices so that more people can afford to rent. However, in this article, after analyzing previous European experiences and the results observed in Spain over the last two years following the enactment of the Right to Housing Act, we conclude that this measure is ineffective and has achieved precisely the opposite effect of what was intended. Moreover, its validity and legality are questionable, as it affects the essential content of the right to property. All of this, critically analyzed in this paper, leads us to propose the need to seek alternative measures by reforming residential leasing in order to increase the supply of rental housing. Several proposals are offered in this regard, and the article concludes with the need to reform the Urban Leases Act (LAU), exploring new alternatives for residential leasing.