Tuesday April 4, 2023 | 7:44 p.m.
The Government is studying the possibility of suspending the application of Law 27,551 on rents, sources from the Palacio de Hacienda told Télam on Tuesday.
The rule was voted by the Lower House in November 2019, signed into law by the Senate in June 2020, and entered into force in July 2020.
The question would have been one of the topics of analysis during the lunch shared the day before by President Alberto Fernández and the Minister of Economy, Sergio Massa.
Faced with this possibility, Mariano García Malbrán, president of the Chamber of Real Estate Services Companies (Camesi), said that in order to take a measure of this type, “the procedure to be followed in current contracts with the new law and the that they be signed from now on with the law already suspended”.
“From the Ministry of Economy they are analyzing this plan: current contracts continue to apply the recently suspended current law, since the clauses of the lease contract were negotiated and agreed with said law,” said García Malbrán.
The owner of Camesi considered it necessary that “the contracts that are signed from now on, until a new rule is issued, are governed by the old rental law; in this case, a minimum contractual term of two years may be set and the update may be freely negotiated by the parties”.
Another player in the sector, the Professional Real Estate Association (CPI), an entity that brings together brokers in the City of Buenos Aires, argued that the rental law “must change, but not in any way.”
“We celebrate that the need to put an end to the application of the rule (which did so much damage to society and our sector) is among the Government’s priorities, but we maintain that the change must take place following all the formalities,” he said. the CPI.
The entity considered that suspending by DNU the application of a Law of Congress “would necessarily have overtones of unconstitutionality”, since it would imply that the Executive Power would arrogate the ability to legislate bypassing the Legislative.
“This would generate a feeling of legal insecurity and uncertainty even greater than what we already suffer, which affects all economic activity, but especially real estate and construction investments,” they explained from the real estate entity.
For this reason, he requested that it be translated “not into an untimely act on the part of the Executive Power, but in the search for consensus” in Congress, which allows the Modification Project to have a rapid treatment in both chambers.
“State intervention in the rental market has been and is an error that society has been suffering for almost three years; but one mistake cannot be solved with another; the State has the correct tools to settle the injustice that it has generated , and must resort to it instead of embarking on adventures of dubious legality,” he completed.
From the other side of the counter, the National Federation of Tenants stated that “the rental law – sanctioned by Congress – is still in force, modifying it by decree would be unconstitutional.”
Gervasio Muñoz, a reference for Grouped Tenants, denounced, finally, that “rents are becoming dollars, there are no registered contracts.”
Source: Telam
