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accommodation must be located. They shall also set deadlines within which
letting agencies are required to house applicants. Any such housing allocated
shall be offset against the reservation rights of the State representatives in the
départements. […]
State representatives shall supply persons who receive offers of housing with
written information on the social support facilities and arrangements in the
département concerned.
Should letting agencies refuse to house applicants, the State representative in
the département concerned shall allocate accommodation corresponding to their
needs from his or her reservation rights. […]
III. References may also be made to mediation committees without any qualifying
period by persons who have received no suitable offers in response to their
applications for one of various forms of short-term or transitional housing, hostel
or hotel-type accommodation for social purposes. […]
IV. When an application for accommodation is referred to a mediation committee
under the conditions specified in II and it considers that the application is a
priority but that the offer of accommodation is not suitable, it shall transmit the
application to the State representative in the département concerned and the
applicant shall be offered accommodation in a form of short-term or transitional
housing, hostel or hotel-type accommodation for social purposes. […]”
“Article L.441-2-3-1 (inserted pursuant to Act No. 2007-290 of 5 March 2007):
I. Applicants who are recognised by a mediation committee as being priorities
and requiring emergency accommodation, and have not received, within a period
specified in a decree, an offer of housing that has regard to their needs and their
abilities may apply to the administrative court for an order that they be housed or
rehoused.
Applicants may be assisted by an association whose objectives include the
integration or housing of disadvantaged persons or an association that defends
the socially excluded and that is recognised by the State representative in the
département.
From 1 December 2008 this remedy shall be available to persons specified in the
second paragraph of II of Article L. 441-2-3 and, from 1 January 2012, to those
specified in the first paragraph.
In the absence of a mediation committee in the département concerned,
applicants may exercise the remedy specified in the previous paragraph if, after
referring the matter to the State representative in the département, they have not
received an offer of housing that has regard to their needs and their abilities
within a period specified in law.
The president of the administrative court concerned or a judge nominated by him
or her shall rule on the matter under the urgent procedure within two months of
referral. Unless the case is heard by a bench of judges, the hearing shall take
place without the submissions of the government law officer.
If the president of the administrative court or the judge nominated by him or her
finds that the mediation committee has recognised the application as a priority
that requires an urgent response and that the applicants have not received an
offer of housing that has regard to their needs and their abilities, he or she shall
order the applicants’ housing or rehousing by the State, and may order a penalty
for failure to comply.
The proceeds of such fines shall be paid into the funds specified in the last
paragraph of Article L. 302-7 in the region of the mediation committee concerned.
II. Applicants who are recognised by a mediation committee as being priorities for
accommodation in a form of short-term or transitional housing, hostel or hoteltype accommodation for social purposes and have not been accommodated,
within a period specified in a decree, in such a facility may apply to the
administrative court for an order that they be found a place in such a facility.
This remedy shall be available from 1 December 2008. […]