14
for civil and military state personnel. Exceptionally, prefects may issue an order
overriding these limits for a specific period, to permit the accommodation of
persons performing public safety duties or in response to economic needs. […]”
39.
The Circular of 17 January 2005 implementing Section 60 of the
Local Responsibilities and Freedoms Act, No. 2004-809 of
13 August 2004, concerning the possibility of delegating prefectoral
reservations of social housing for rent, reads:
“The State shall remain the ultimate guarantor of the right to housing. The
[reservation] quota shall not be delegated unless […] this will be at least as
efficient in housing the most disadvantaged members of the community as would
direct management of the quota.”
40.
Circular UHC/FB 3 No. 2006-90 of 12 December 2006 concerning
the means-testing of beneficiaries of social housing legislation and the
new forms of government aid in the rental sector sets out the scale
applicable to the allocation of social housing:
CATEGORY OF
HOUSEHOLDS
PARIS
And surrounding
municipalities
(in euros)
1…………………………
2…………………………
3…………………………
4…………………………
5…………………………
6…………………………
Per additional
Person
41.
OTHER REGIONS
(in euros)
18 463 €
27 593 €
36 172 €
43 187 €
51 382 €
57 819 €
ILE-de-FRANCE
Other than Paris and
surrounding
municipalities
(in euros)
18 463 €
27 593 €
33 169 €
39 730 €
47 033 €
52 926 €
6 442 €
5 897 €
4 602 €
16 052 €
21 435 €
25 778 €
31 119 €
36 608 €
41 256 €
The Planning Code reads:
“Article L.121-1: Regional, local and municipal land use and development plans
shall establish suitable conditions for ensuring […]:
2. A diversity of urban functions and social mix within urban and rural
environments, including sufficient provision for new build and refurbishment to
satisfy, without discrimination, present and future needs for housing, economic,
especially commercial, activities, sporting, cultural and public-interest activities
and public amenities with due regard in particular for a balance between
employment and housing, means of transport and water management.”
i) Means of appeal
42.
The Building and Housing Code reads:
“Article L.300-1 (inserted pursuant to Act No. 2007-209 of 5 March 2007): The
State shall secure the right to decent and independent housing, as embodied in
section 1 of the Right to Housing Act, No. 90-449 of 31 May 1990, for all persons
residing in French territory lawfully and on a permanent basis, as defined in an
order of the Conseil d'Etat, who have insufficient resources to obtain or retain
such housing themselves.