A/HRC/34/51/Add.2
5.
“Touristification’’ and short-term rentals
61.
Tourism is essential to the economic recovery of Portugal, and a key source of
income for many households. The historic centres of Lisbon and Porto are today major
tourist destinations. The revitalization of historic city centres (particularly in Porto, which
was characterized by its dilapidated and abandoned buildings, and reportedly high rates of
drug use and violence), is a positive development. Although the centre of Porto was
declared a UNESCO World Heritage site 20 years ago, significant touristic flow has
increased only in recent years.
62.
In this context, short-term rentals mostly for tourists have increased significantly in
recent years, the result of a combination of factors. First, the adoption in June 2008 of an
administrative rule, Portaria 517/2008, allowing for rental of apartments, houses and rooms
for temporary accommodation; second, as a result of the New Urban Rental Regime, which
allows the eviction of existing tenants where a building is to be renovated, more owners are
investing in renovations then leasing out their properties on a short-term basis in order to
recover expenses as swiftly as possible; and third, the increases in the tourist industry in
Portugal, especially in Porto and Lisbon.
63.
Turismo de Portugal is in charge of maintaining a national registry of local
accommodation (RNAL). According to figures provided by the Government, 31,339
properties had been registered for local accommodation or short-term rental in mainland
Portugal, only 0.55 per cent of total housing stock. In addition, only a few neighbourhoods
in the historic centres of Lisbon and Porto have more than 10 per cent of their housing stock
devoted to short-term accommodation.
64.
Short-term rentals, especially when they become the primary form of occupation of
specific neighbourhoods, can weaken community networks and the social fabric of a city,
which in turn undermines the promotion of long-term rental as an essential tenure system
for local residents. Indeed, a study conducted in November 2016 found that rental prices
had increased considerably in recent years. The study also found that the number of
officially registered short-term rentals and those advertised on digital platforms (such as
Airbnb) was unreliable, which made it difficult to regulate requirements, collect taxes or
collect data necessary for human rights compliant decision-making.
65.
Unbridled “touristification’’ can have other negative effects on the enjoyment of the
right to housing for the most vulnerable populations. When landlord choose to sell or to
renovate their property, many families may be displaced from their neighbourhoods owing
to lack of affordable housing elsewhere, or are more easily evicted in the process. The
Special Rapporteur observed that some property owners, particularly in the historic centres
of Lisbon and Porto, are choosing either to renovate their properties or to convert them to
luxury rental units for short-term rental, or are selling their properties to foreign investors,
who often do the same. Since nightly rates are, on average, more affordable than those for a
hotel room but more lucrative than long-term rental prices, it creates an incentive for
property owners to convert their homes or buildings accordingly, which in turn reduces the
stock of available units and causes the price of housing in those neighbourhoods to rise.
The Special Rapporteur was informed that, in some areas, rents had actually doubled in
only a short period of time, making them unaffordable to many families, especially to those
who rely on social support.
66.
The Government has taken some steps to curb the proliferation of short-term rentals
by taxing, at a higher rate, developers and the property owners who create them. The
Special Rapporteur understands that the Government has also introduced a programme that
subsidizes rent in the historic city centres so that those living below the poverty line (less
than 439 euros/month) pay between 30 and 40 per cent less than the current market rate.
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