Social Housing

Dear Clients and Friends:

On February 21, 2025, the “Decree amending, adding, and repealing various provisions of the National Housing Fund Institute for Workers Law and the Federal Labor Law, regarding socially oriented housing” (“Decree”) was published in the Federal Official Gazette, and came into effect the following day.

Among the amendments to the INFONAVIT Law, a key change establishes the legal grounding for the Institute to execute and invest in housing construction and management programs for purchase or social leasing. A commercial subsidiary company will be established to engage on housing construction.

Workers keep the right to choose between new or existing housing, or land for construction, or housing repair, or expansion. After one year of continuous contributions, they will be eligible for the social leasing program for housing located near their workplace. They may also join programs offering the option to purchase such housing, using their housing sub-account as a guarantee. Another novelty is the incorporation of gender criteria into the rules for granting loans.

Housing programs will prioritize marginalized areas with limited housing availability and focus on assisting low-income contributing workers who do not own property.

For social leasing, the Institute will establish renewable lease agreements, with or without rent adjustments based on social criteria rather than profit or commercial speculation but should be sufficient to cover the payment of property tax and water fees.

If a worker chooses to purchase the property, rent payments may be applied toward the final sale price.

Employers will be required to withhold social rent payments from workers´ salaries.

Regarding amendments to the Federal Labor Law, employers will be required to deduct 30% of minimum wage earners´ salaries when they have a socially leased property.

The Federal Labor Law reinforces INFONAVIT’s authority to implement social housing leasing programs, ensuring they operate under social criteria, without profit motives or commercial speculation, and maintaining adequate living conditions.

At EC Rubio, we assist our clients with understanding all the details and requirements for complying with these obligations. Should you have any questions, please contact your usual Firm representative.

Labor and Social Security Practice

Antonio Flores / antonio.flores@ecrubio.com
Javier Canseco / javier.canseco@ecrubio.com
Ana María Becerra / ana.becerra@ecrubio.com
Alma Oviedo / alma.oviedo@ecrubio.com
Eduardo Cortés / eduardo.cortes@ecrubio.com
Isaac Corral / isaac.corral@ecrubio.com
Perla Arreola / perla.arreola@ecrubio.com
Raúl Lara Maiz / raul.lara@ecrubio.com
Roberto Alvarez Malo / roberto.alvarezmalo@ecrubio.com
Rogelio Sánchez / rogelio.sanchez@ecrubio.com
Adriana Gómez / adriana.gomez@ecrubio.com
Elisa Cortés / elisa.cortes@ecrubio.com
Reynold González / reynold.gonzalez@ecrubio.com
Abraham Perales / abraham.perales@ecrubio.com
Francisco Navarrete / francisco.navarrete@ecrubio.com
Gustavo Carrillo / gustavo.carrillo@ecrubio.com
Iván Arriaga / ivan.arriaga@ecrubio.com
Jesús Perales / jesus.perales@ecrubio.com
Luis Nicolás / luis.nicolas@ecrubio.com
Misael Granados / misael.granados@ecrubio.com

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