A/HRC/34/51/Add.2 June 2014, Portugal received a loan of 78 billion euros. 10 Among the conditions attached to the loan were a series of austerity measures that, by their nature, resulted in an increase in poverty levels, lower social protection benefits, higher rates of homelessness and unaffordable housing, utilities and other public services. 12. The stated objectives of the memorandum of understanding were to “improve households’ access to housing; foster labour mobility; improve the quality of housing and make better use of the housing stock; reduce the incentives for households to build up debt.” It also incorporated specific conditions relating to the rental market, the management of housing stock, property taxes and administrative procedures for the eviction of tenants in relation to renovation work. 13. The above-mentioned measures included the amendment of the New Urban Rental Regime (Law No. 6/2006) “to ensure balanced rights and obligations of landlords and tenants, considering the socially vulnerable”. Accordingly, the reform introduced measures (a) to broaden the conditions under which open-ended residential leases could be renegotiated; (b) to phase out rent control mechanisms; (c) to reduce the prior notice for termination of leases for landlords; (d) to provide for an extrajudicial eviction procedure for breach of contract, aiming at shortening the eviction time to three months; and (e) to strengthen the use of existing extrajudicial procedures for cases of division of inherited property. 14. The memorandum of understanding also required simplified rules for the temporary relocation of tenants for rehabilitation works, allowing landlords to terminate lease contracts for major renovation works with a minimum of six months’ notice. 15. Each of the above measures has a potential bearing on the enjoyment of the right to adequate housing. Unfortunately, social and human rights impact assessments were not conducted prior to the adoption of austerity and other measures in the housing sector; furthermore, human rights principles and standards were not included in the memorandum of understanding. 16. The central goal of austerity measures was to reduce the budget deficit. In an attempt to curve the negative impact of the measures, the Government informed the Special Rapporteur about some programmes that were introduced, such as the Social Emergency Plan (PES-2012), including the Social Market for Renting (MSA, sect. 5c) giving access to housing at 20 to 30 per cent below market rates; and law no. 58/2012 creating a regime to protect mortgage debtors and requiring financial institutions to restructure loans for persons in serious financial difficulty. The Special Rapporteur did not receive information attesting to the extent to which these programmes had been beneficial to those most in need. Moreover, because these programmes are aimed at those living in poverty, they do not address the housing needs of the “new poor” struggling with mortgage and rent arrears, loss of employment, wage freezes, increased taxes and lower pensions. 11 10 11 Since June 2014, Portugal has been under post-programme surveillance until at least 75 per cent of the financial assistance received has been repaid, possibly until 2026. See the statement by the Committee on Economic, Social and Cultural Rights on public debt, austerity measures and the International Convention on Economic, Social and Cultural Rights (E/C.12/2016/1), para. 3. 5

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