It proposes a mixed system of sanctions.
SANTO DOMINGO – According to lawyer Ana Bello Martínez, the proposal to impose prison sentences of 3 to 5 years on landlords who improperly evict their tenants, as outlined in the draft Law on Rentals and Evictions , which was approved last week in its first reading in the Chamber of Deputies, could be excessive and have a counterproductive effect on the market, discouraging the supply of rental housing in the country.
The specialist in Real Estate and Registry Law applauds the effort to deter those who violate due process, which she believes is fundamental to guaranteeing the rule of law. “However, prison sentences must be proportionate to the crime committed. Establishing a penalty of 3 to 5 years in prison, even in cases without violence or intimidation, could be excessive and have a counterproductive effect on the market, discouraging the supply of rental housing,” the professional told El Inmobiliario.
Ana Bello Martínez believes that the ideal situation is for the State to provide expeditious, fair, and effective legal mechanisms that allow owners to recover their property without resorting to illegal means.
Alternatively, the expert proposes a mixed system of sanctions, which includes: graduated administrative fines according to recidivism, reparation of damages caused to the tenant and a public register of offenders.
“Prison should be reserved only for aggravated cases involving violence, intimidation, or recidivism. This protects the right to housing without weakening property rights,” he emphasized.
According to the real estate advisor for Élite House, the draft bill authored by the current president of the Lower House, Alfredo Pacheco, represents a new era in Dominican legislation on rentals, replacing an outdated and fragmented regulatory framework with a modern, coherent proposal aimed at balancing the relationships between landlords and tenants, in her opinion.
However, he understands that it must be refined to recognize the different realities of the market: from family rentals to the most complex investment structures. “Likewise, it is always important to respect the wishes of the parties regarding the grounds for termination of the contract, the commercial terms of their rent such as increases, the updating of deposits, etc.”
He points out that the law must prevent the balance from tipping excessively to one side. “It’s not always about the ‘poor tenant’ who will be unfairly evicted. In many cases, we are dealing with business owners who repeatedly default, maintain lucrative operations without paying, and place the landlord in a disadvantageous and defenseless position.”.
In short, he appreciates that the legal instrument has enormous potential to transform the rental market, provided that it is approved with the necessary adjustments and implemented with vision, fairness and institutional commitment.
Special Court
Regarding the Justice of the Peace Court's jurisdiction over rental and eviction cases, he believes it is an excellent and necessary measure because, as a specialized jurisdiction, it will allow for faster resolution of conflicts, in accordance with the urgency that these types of disputes often require. Furthermore, he points out that it will significantly contribute to reducing the backlogin both ordinary and specialized Justice of the Peace Courts, improving the quality of decisions by having judges trained exclusively in this area.
“A clear example is that, currently, an eviction process for non-payment can take between four and six months or more. This delay exposes the owner or investor to significant economic losses, while the tenant may even continue operating a business in the property without paying rent or maintenance,” he points out.
For Bello Martínez, the creation of this court is undoubtedly one of the most important aspects of the preliminary draft, but he emphasizes that it must be accompanied by a budget , trained human resources, and a functional administrative structure.
Payment of fees to agents
After acknowledging that it is a fair, modern and necessary reform, the real estate law specialist points out that establishing by law that the fees of the real estate agent will be the responsibility of whoever hires him brings transparency, legal certainty and professionalizes the practice of brokerage.
“This change encourages the formalization of brokerage contracts, strengthens ethics in the sector, and protects both the client and the real estate professional. It also promotes greater clarity in the relationships between the parties and prevents conflicts arising from ambiguities or unregulated dual representations,” concludes Ana Bello Martínez.
