Reforms to the Framework Law on Housing and Human Settlements
Congreso Nacional
- Decree: 82-2021
- Published: October 22, 2021
- Issuing body: Congreso Nacional
- Gazette: 35,752
- Category: Administrative
Summary
This law reforms the Housing Framework Law to allow the Social Housing Fund (FOSOVI) to continue operating while being liquidated, giving the Executive Director legal powers to manage it. It also extends construction and sales timelines by 4 additional years for developers affected by the COVID-19 pandemic and natural disasters.
Considerations
Whereas Article 59 of the Constitution of the Republic establishes that; "The human person is the supreme end of society and the State".
Whereas the right to dignified housing is recognized in Article 178 of the Constitution of the Republic; a fundamental right that is also part of the commitments recognized in the Treaties and Conventions on Human Rights subscribed by the State of Honduras.
Whereas through Decree No. 173-2019 dated twenty-three (23) of January of the year two thousand twenty (2020) the Framework Law on Housing and Human Settlements was approved, which was published in the Official Gazette "La Gaceta" on eighteen (18) of February of the year two thousand twenty (2020), edition No. 35,178.
Whereas through the Legislative Decree that created the Framework Law on Housing and Human Settlements, the Law of the Social Housing Fund was repealed, determining the liquidation of the Social Housing Fund (FOSOVI).
Whereas in March of the year two thousand twenty (2020), the Executive Branch decreed a State of Emergency for the Fight Against COVID-19, centering its efforts on the combat against said scourge, a situation that has delayed to date the liquidation of the Social Housing Fund (FOSOVI), resulting in a legal void in the decision-making inherent to the operation of the Institution in question.
Whereas while proceeding with the liquidation of the Social Housing Fund (FOSOVI) it is necessary to provide the Executive Directorate with powers that allow the Institution to continue functioning.
Whereas the Government of the Republic, through the National Commission on Housing and Human Settlements (CONVIVIENDA), created a temporary scheme of incentives to stimulate competition among developers, with a reach of ten thousand housing units.
Whereas the Financial Support Program for Developers (AFD), consisted of offering Seed Capital to be able to carry out the construction of an inventory of houses and urbanization works that would allow the Developer to achieve the necessary impulse that facilitates and encourages sales within a period of three (3) years for the return of the disbursed resources.
Whereas the Developers of Social Housing Projects executed under the Financial Support Program for Developers (AFD), have been affected by various factors beyond the control of construction companies in this sector, which have been aggravated by the global Pandemic caused by COVID-19 and other natural phenomena such as the passage of Tropical Storms "ETA" and "IOTA", therefore the support of the State is required in the sense of authorizing the extension of the deadline for the return of the resources granted.
Whereas in accordance with Article 205 Attribution 1) of the Constitution of the Republic, it is the power of the National Congress: To create, decree, interpret, reform and repeal laws.
Amendments
- Modifies: Framework Law on Housing and Human Settlements (Amendment)
Articles
To reform Articles 43 and 46 of Decree No. 173-2019 dated January 23, 2020, published in the Official Journal "La Gaceta" on February 18, 2020, Edition No. 35,178, containing the FRAMEWORK LAW ON HOUSING AND HUMAN SETTLEMENTS, which shall be read as follows:
LIQUIDATION OF THE SOCIAL HOUSING FUND (FOSOVI). The Executive Power is authorized to determine the conditions under which the Social Housing Fund (FOSOVI), created by Decree No. 167-1991 dated October 30, 1991 and published in the Official Journal "La Gaceta" on December 16, 1991, edition No. 26,619, must be liquidated. The assets and rights resulting from the liquidation process shall become part of the patrimony of the State Secretariat in the Departments of Housing and Human Settlements, specifically to the Honduran Housing Fund (FONHVIVIENDA). While the liquidation process of the Social Housing Fund (FOSOVI) is not executed, the Institution shall continue exercising its normal functions, internally and externally, until the transition process to the new institutional structure is concluded, for which purpose, the Executive Director shall have the following attributions:
- a)
To exercise legal representation of the Social Housing Fund (FOSOVI) by special delegation from the President of the Republic;
- b)
To direct the functioning of the Social Housing Fund (FOSOVI);
- c)
To appoint personnel and execute the respective contracts for professional or technical services;
- d)
To ensure the preservation of the patrimony of the Social Housing Fund (FOSOVI); and,
- e)
To administer the resources of FOSOVI".
REPEALS. The following are expressly repealed: Decree No. 167-1991 dated October 30, 1991 and published in the Official Journal "La Gaceta" on December 16, 1991, edition No. 26,619, containing the LAW OF THE SOCIAL HOUSING FUND (FOSOVI), Decree No. 348-2002 dated October 24, 2002, published in the Official Journal "La Gaceta" on November 19, 2002, edition No. 29,939, containing the authorization of the Housing Financing Bond (FONAPROVI) 2002; and, Decree No. 93-2015, dated September 8, 2015, published in the Official Journal "La Gaceta" on January 23, 2016, containing the LAW OF BENEFITS FOR SOCIAL HOUSING CONSTRUCTION PROJECTS".
To authorize the Executive Power through the National Commission on Housing and Human Settlements (CONVIVIENDA) to extend and reprogram the original time frames for construction and sale of projects that are currently being executed under the Financial Support Program for Developers (AFD) for an additional period of four (4) years, counted from the date of projected conclusion with the extensions previously approved and in accordance with the Manual of Procedures, Guidelines and Basic Requirements established by the National Commission on Housing and Human Settlements (CONVIVIENDA) to access this benefit.
This Decree shall enter into force as of the date of its publication in the Official Journal "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session held by the National Congress in a Virtual manner, on the seventh day of the month of September of two thousand twenty-one. MARIO ALONSO PÉREZ LÓPEZ PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY ROSSEL RENÁN INESTROZA MARTÍNEZ SECRETARY To the Executive Power. Therefore: Let it be executed. Tegucigalpa, M.D.C., October 11, 2021 JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF THE PRESIDENCY ABRAHAM ALVARENGA URBINA Secretariat of Governance, Justice and Decentralization AGREEMENT No. 109-2021 THE PRIVATE SECRETARY AND CHIEF OF PRESIDENTIAL CABINET, WITH RANK OF SECRETARY OF STATE In exercise of his powers that were conferred upon him by the President of the Republic by means of Executive Agreement No. 09-2018 dated January 27, 2018 and in application of Articles 235 and 245 attributions 5 and 11 of the Constitution of the Republic; 11, 12, 116, 118, 119 and 122 of the General Law of Public Administration. AGREES: FIRST: To dismiss from office the citizen IRIS LORENA GALEANO BARRALAGA from the position of Commissioner of the Health Regulatory Agency (ARSA), to whom thanks are given for services rendered. SECOND: This agreement is effective as of its date and shall be published in "La Gaceta" the Official Journal of the Republic. COMMUNICATE AND PUBLISH. Given in the city of Tegucigalpa, municipality of the Central District, on the thirtieth (30) day of the month of September of the year two thousand twenty-one (2021).
Related laws
- Decree 112-2011 (Reforms to the Telecommunications Framework Law) — This decree reforms the telecommunications law to allow telecom companies to merge or purchase shareholdings (from 10%) with CONATEL approval, instead of automatically prohibiting them. It aims to promote investment and fair competition in the sector, benefiting users with better service and prices, while CONATEL oversees that the market is not monopolized. (Decree 112-2011, 2011)
- Decreto Legislativo No. 82-2021 — Reformas a la Ley Marco de Vivienda y Asentamientos Humanos y autorización de ampliación de plazos para Programa de Apoyo Financiero al Desarrollador (Decree 82-2021, 2021)
- Decree 185-95 Framework Law for the Telecommunications Sector — This law regulates all telecommunications services in Honduras, creating CONATEL as the independent entity that authorizes, supervises, and penalizes telephone, television, radio, and other service companies. It protects communication privacy, promotes competition among operators, and establishes fair rates for users. (Decree 185-95, 1995)
- Decreto Legislativo No. 185-95 — Ley Marco del Sector de Telecomunicaciones (Decree 185-95, 1995)
- Legislative Decree No. 278-2013 Establishing the Subsidy for Electric Energy Consumers — This law establishes a monthly subsidy of 120 lempiras for residential electricity consumers who use up to 75 kWh. The subsidy benefits low-income households that have historically received state support, reducing the impact of rate increases on their electricity bills. (Decree 278-2013, 2019)