The right to housing is not enshrined by the Hungarian Constitution. However, there are some relevant legal provisions in case of evictions. In 2011, the annual eviction moratorium has been replaced with measures targeting home owners and specifically foreign currency mortgage holders. An “eviction quota system” has been introduced with the aim to protect mortgage holders threatened by evictions. In the fourth quarter of 2011, only 2% of mortgages having more than 90 days arrears can be sold by auctions. In 2012, 2013 and 2014, these quotas will annually increase to 3-4-5 % respectively. In 2015 this moratorium will be abolished without restrictions.
In terms of the Council of Europe, Hungary ratified the Revised European Social Charter on 20/04/2009 accepting 60 of the Revised Charter’s 98 paragraphs, excluding the Article 31 on the right to housing. It has not yet ratified the Additional Protocol providing for a system of collective complaints.
