Little is being said about it, but it is not long before the suspension of the eviction procedures for residential and non-residential properties, which the Cura Italia Decree had initially granted until 31 August and which then the August Decree had extended until 31 December. The ratio of the measures that have taken place in these months of health and economic emergency was to protect families in difficulty, preventing them from being evicted from their homes right in the middle of a pandemic.
It has therefore been since March that those who have found themselves unable to pay the rent (but also those who had executive measures in charge since before Covid) have continued to be able to occupy the house where they live, to the detriment of the homeowners they represent the other side of the coin of the crisis, given that many of them have invested in a property as a source of livelihood. Now Parliament is at a crossroads: granting more breathing space to tenants in difficulty, as some majority forces would favor, in particular the 5 Star Movement but not Italia Viva, or recognizing the legitimate rights of property owners, as the League urges instead?
The question will be decided within a few days, certainly before the Christmas holidays, and the game will be played on two fronts. The first is the conversion of Ristori 4 into law: the provision is currently being examined by the Senate Finance and Budget Commissions, which in theory should approve or reject the amendments by Saturday 12 December. Among these amendments there is one, whose first signatory is the deputy Emanuele Dessì of the 5 Star Movement, which proposes the extension of the block on evictions until 31 March 2021: it would mean a year of total time, from the beginning of the emergency, granted to defaulting tenants.
This eventuality it immediately gave rise to small homeowners: 400 of them even wrote a letter to the President of the Republic Sergio Mattarella, denouncing the umpteenth extension as "a safe conduct for dishonest, profiteering and in some cases even wealthy tenants (and who even in some cases enjoy state subsidies), which is therefore totally devoid of moral and legal justification".
In the commission, the center-right promises tussle, and the same rapporteurs of the text (for the Finance Commission Mauro Maria Marino of Italia Viva and for the Budget Commission Vincenzo Presutto of the 5 Stars) have hinted, according to what FIRSTonline has learned, that the standard has a good chance of being shelved. In the meantime, however, the game, over which Confedilizia, the historic organization of homeowners, is closely monitoring, is moving to another front, this time opened by the Democratic Party: that of the Budget Law.
Such a rule would have little to do with a financial maneuver, but as often happens it is possible that in the cauldron of articles and amendments there is also room for the extension of the block on evictions, perhaps under the heading "Incentives and concessions". The proposal to add article 70 bis, presented by members of the Democratic Party, clarifies right from the title ("Measures concerning eviction procedures and incentives and facilitations for the renegotiation of rents for housing and other uses than housing") that the goal in this case is twofold: stop evictions and reduce rents.
Reading the text which will be discussed and eventually approved within about ten days, certainly before Christmas, one notices, however, that in this case it would not be an extension tout court, but linked to a self-certification attesting the drop in family or business income of at least 50% compared to the same period of the previous year, or if the incidence of the rent is higher than 30% of the income. In these cases the tenant would have the right to ask the owner for an agreement to renegotiate the rent, and in the event of no agreement, he could take legal action.
In the event of an eviction procedure due to arrears, paragraph 3 of article 70 bis states, "the presentation of this self-certified application will result in the suspension of the procedure for a period of no less than 90 days". In short, in fact another extension of 3 months, so that, even if the blockade of evictions ends on December 31st, for the execution it would be discussed not before April.
Finally, a third hypothesis has also emerged in the last few hours: an amendment presented by Leu (article 9 bis of the Ristori Decree) suggests linking the extension of evictions for non-payment to the national program "Next Generation Italy - National plan for sustainable living , urban regeneration and social inclusion”, thus using funds to provide the property owners with refreshments (to be requested from the Revenue Agency, which would provide within 30 days). On the other hand, the execution of the measures to release the buildings would be suspended until June 30, 2021.
