Constitutional Law on Human Rights for Mexico City

Ley Constitucional de Derechos Humanos

Impact on real estate evictions as a result of the reform to the Constitutional Law on Human Rights for Mexico City

On June 7, 2019, the reform to the article 60 of the Constitutional Law on Human Rights for Mexico City in connection with real estate evictions, was published in the Mexico City´s Gazette.

Since February 8, 2019, when the relevant law came into effect, its article 60 established a set of rules and dispositions that prevented the effective execution of any procedure for the eviction of a property in the event of non complance with a lease agreement or an invasion.

As part of the requirements, this article provided that (i) only in exceptional cases could a person be evicted (without establishing what these cases would be); (ii) the obligation of the judge to grant prior audience to the targeted individual, who shall not be discriminated; (iii) all possibilities should be explored to avoid or minimize the need for the use of force; (iv) compensation should be paid in case of being deprived of property or suffering immaterial losses; and (v) the authorities must had to ensure adequate relocation within a radius not greater than 15 kilometers.

However, due to the political, social and business impact generated by such article, the local Congress modified it, publishing the amendment last June 7 and completely removing the polemical paragraph.

Seeking to promote the right to adequate housing, the right to private property was completely vulnerated by the original article 60, nevertheless, under the current wording of the article as modified, it sets forth that no person may be evicted without a judicial order issued in accordance with the constitutional and legal provisions applicable to the specific case, the right to a hearing must be guaranteed, due process shall be respected and mediation and conciliation should be sought at all times, in addition to compliance with the essential procedural formalities. Furthermore, everyone affected by an act of eviction may request to the authorities for its incorporation into governmental housing programs, whose petitions shall be resolved gradually and in the extent of the authority's possibilities.