Balancing housing policies : examining rent controls in EU member and candidate countries through the lens of constitutional rights

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dc.contributor.authorPaksoy, Meliha Şermin
dc.date.accessioned2024-12-06T07:38:59Z
dc.date.available2024-12-06T07:38:59Z
dc.date.issued2024en_US
dc.departmentFakülteler, Hukuk Fakültesi, Medeni Hukuk Ana Bilim Dalıen_US
dc.description.abstractThe social housing policies in many European Union (EU) member and candidate countries, coupled with challenges in the private property market, have resulted in an inability to adequately address the housing needs of low and middle-income households. Approximately one-third of the EU population resides in privately rented housing, prompting several member and candidate countries to implement rent controls due to a significant surge in rents within the private housing sector. These controls may involve setting rent ceilings, limiting the annual increase in rental rates, and other similar interventions. For instance, in Turkey, the legislature has imposed a 25% limit on the increase of rental prices in existing contracts over the past two years. It is noteworthy, however, that the official inflation rates declared by the government in 2022 and 2023 were almost three times higher than the rental increase limit imposed by the legislature. The implementation of such interventions has sparked debates on the compatibility of such rent controls with the constitutions of the relevant countries and the European Convention on Human Rights (ECHR). Various cases, including James and Others v the United Kingdom, Aquilina v Malta, and Urbarska Obec Trencianske Biskupice v Slovakia, illustrate instances where the European Court of Human Rights (ECtHR) has addressed restrictions on landlords' rights. According to the court, countries have a margin of appreciation in implementing such restrictions, but they must ensure that the limitations imposed are proportionate and guarantee fair and adequate rent. Several constitutional courts, including the Turkish Constitutional Court, have also examined the constitutionality of rent controls. The objective of this paper is to establish criteria for acceptable rent controls based on the decisions of the ECtHR and the constitutional courts of EU member and candidate countries. These criteria aim to guide policymakers in striking a balance between addressing housing challenges and respecting property rights and freedom of contract for landlords.en_US
dc.identifier.citationPaksoy, M. Ş. (2024). Balancing housing policies : examining rent controls in EU member and candidate countries through the lens of constitutional rights. EU at the Crossroads - Ways to Preserve Democracy and Rule of Law, 8, 253-277.en_US
dc.identifier.endpage277en_US
dc.identifier.issn2459-9425
dc.identifier.startpage253en_US
dc.identifier.urihttps://hdl.handle.net/20.500.12939/5076
dc.identifier.volume8en_US
dc.identifier.wosWOS:001327182300011
dc.indekslendigikaynakWeb of Science
dc.institutionauthorPaksoy, Meliha Şermin
dc.language.isoen
dc.relation.ispartof8th International Scientific Conference on EU at the Crossroads - Ways to Preserve Democracy and Rule of Law (ECLIC)
dc.relation.publicationcategoryKonferans Öğesi - Uluslararası - Kurum Öğretim Elemanıen_US
dc.rightsinfo:eu-repo/semantics/closedAccessen_US
dc.subjectECHRen_US
dc.subjectFreedom of contracten_US
dc.subjectHousing shortageen_US
dc.subjectLandlords' rightsen_US
dc.subjectRent controlsen_US
dc.subjectTenant protectionen_US
dc.titleBalancing housing policies : examining rent controls in EU member and candidate countries through the lens of constitutional rights
dc.typeConference Object

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