Will tenants be saved from astronomical rents?

According to Tejarat News, according to official statistics, the rental rate in the capital has increased 12 times in the last 12 years, ie between the summer of 2009 and the summer of 1400. This means that in the last 12 years, housing rents in Tehran have increased by 1,100 percent.

EconomyOnline He wrote that this chaotic market and the additional pressure on the tenants caused whispers of a two-pronged plan to control the rental market since 1999; The plan was implemented as a decree in 1399 and 1400 and is now to become law.

In the public session of the parliament on July 22, the review of the dual urgency plan for controlling and organizing the leases of residential properties was put on the agenda of the public arena, and finally with 114 votes in favor, 97 against and 5 abstentions, Sent.

Many jurists believe that if the plan to control and organize residential property rents is approved and approved by the Guardian Council, some of the provisions of the plan, such as limiting the annual increase in rents, creating many barriers to obtaining eviction orders, and imposing high taxes For the amount of rents, as well as the consideration of heavy penalties for evading the lease agreement and not announcing it in the designated system, the relationship between landlords and tenants will undergo many changes.

However, on the one hand, the relatively large number of dissenting votes and the lack of urgent approval of this plan in the parliament and sending it to the Civil Commission, and on the other hand, the inability of the executive and judiciary to implement such a plan, the future of this plan in a halo of It is obscured.

But from a legal point of view, what is the status of the approvals of the heads of forces?

According to Article 58 of the Constitution, the exercise of legislative power is through the Islamic Consultative Assembly, which is composed of elected representatives of the people, and its approvals are communicated to the executive and judiciary for implementation after following the steps set forth in the following principles.

Mehdi Hadavand, a lawyer and university professor, in an interview with Eqtesadonline, explained the legal status of the approvals of the Supreme Economic Coordination Council of the heads of the three powers or the heads of the powers: ” As the council states, it is a coordinating body.

Referring to Article 58 of the Constitution, Hadavand added: “From the perspective of the Constitution, the legislation is specific to the parliament and also a special and exclusive authority that has been entrusted to the parliament in the constitution.” Of course, in some cases, the constitution has specified limited exceptions, and within the same exceptions and, to a lesser extent, some authorities other than the parliament, in fact, have approvals that can be in the rule of law.

For example, the Expediency Council has resolutions in the constitution, in the position of resolving disputes between the parliament and the Guardian Council. Of course, from the text of the constitution, legislation is not taken from the duties of the Assembly, but in practice, it has approvals for which the value of legislation has been recognized.

Or Article 85 of the Constitution, which gives the legislature the power to pass laws on a trial basis to the internal committees of the parliament, as well as the approval of the permanent statutes of state-owned companies and institutions to the Council of Ministers under the title Legislation.

He continued: “Apart from legislation, in our constitution, legislative powers have been given to the cabinet, ministers, a commission consisting of several ministers and to some extent to city and village councils.”

Therefore, in the constitution, the legislature and the regulatory authorities are fully defined, and no other institution has the right to legislate and regulate as it can give rise to the right of duty, and in particular to enter into private contracts.

Therefore, it seems that the coordinating role of the Supreme Economic Coordination Council of the three powers can be identified as much as possible. Also, this role is within the authority of each power; This means that the powers that be can make decisions within their authority that do not go beyond their legal authority.

The lawyer said: “The inalienable legal principles and the assignment of monopoly of legislation to the parliament, along with some exceptions specified in the constitution, and also considering that the regulatory bodies must also derive their powers from the law, the approvals of the heads of forces can not Be in accordance with the law.

Referring to the provisions of the plan to control and organize the rent of residential real estate, Hadavand, in response to the question of whether such a plan can regulate the turbulent market of housing rents, said: It is the realm of regulation.

If there is a shortage in this market, regulators should step in and address market failures through regulation. However, considering that we do not have a specific regulatory body in Iran, this task has been borne by the parliament.

Legislatures, on the other hand, need to take a long-term approach to various issues and set general policies.

He continued: “When we look at this plan, the level of regulations that have been set in this plan is limited to the partial regulations that the executive institutions must enter if they have legal authority.”

It seems that the reason why the parliament has gone into such detail is that we do not have a regulatory body with specific legal competencies in this area to be able to continuously monitor the market and react appropriately, and basically the parliament is not able to do so.

Stating that such schemes do not have the necessary efficiency and effectiveness, the lawyer said that the unbridled increase in housing rents requires immediate action. This is despite the fact that the parliament is not able to react immediately to the changes that are taking place in the market.