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B. On the alleged violation o Article31§2 of the Revised Charter on the
grounds of the eviction procedures and their implementation
A.
Arguments of the parties
a)
ATD Fourth World
72.
ATD Fourth World considers that the procedure for preventing evictions
has shortcomings and does not comply with Article 31§2. In the event of the
eviction of persons with no right of occupation, there is no authority
responsible for trying to negotiate to obtain accommodation for the families in
advance of the eviction. Although such evictions are carried out through the
courts, they inevitably prompt the people concerned to wander from place to
place. No special priority is given to arrangements for finding cheaper
accommodation once eviction had been ordered. Efforts need to be made
locally to improve co-ordination of policy on the prevention of evictions with
policy on access to housing for disadvantaged persons.
73.
Moreover the number of disputes over rent arrears – like the number of
notices to quit, sometimes which involve with recourse to the police – has
increased appreciably since 1999, despite the Act n° 98-657 of 1998 AntiExclusion Act (see §33), which laid down guidelines for a policy for preventing
evictions. The Act has, unfortunately, failed to produce tangible results in
most cases.
b)
The Government
74. The Government states that the authorities may not stand in a way of
court decisions such as evictions. A circular on the prevention of tenant
evictions was, however, issued on 11 May 2005 (see §30), and a guide to
social inquiries intended to prevent such evictions in March 2005. Both were
widely distributed within prefects’ offices.
75. In addition, under Act No. 2006-872 of 13 July 2006 on a national housing
commitment (see §44), a specialised committee on the prevention of tenant
evictions was set up to improve co-ordination among various bodies such as
the FSL (housing solidarity fund), the over-indebtedness committee and the
bodies which pay housing assistance (particularly family allowance funds).
76. As the law was passed only recently, it is not possible to assess the
contribution of the specialised committees co-ordinating action to prevent
tenant evictions. The Government nevertheless considers that the
appointment of such committees is a vital way of making an effective
contribution to reducing such evictions.
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