32
111. In most départements, families applying to the mediation committee
must first provide evidence that they have applied for housing two years in a
row and then wait for the committee to rule on their application. If their
application is accepted, they will be recommended to a letting committee for
allocation. This is no guarantee that their case will then be accepted.
112. It is admittedly possible, in this field, to appeal under ordinary law to the
administrative courts, However, it is particularly difficult for disadvantaged,
homeless people to obtain access to these courts and the chances of having
a decision refusing to allocate them housing set aside are virtually nil, as is
borne out by the small number of favourable decisions mentioned.
113. If they are to constitute a genuine means of “legal redress”, these
committees would have to be set up in all départements, they would have to
meet, and the “manifestly excessive waiting time” would have to be
reasonably defined. This is not the case:
- in the département of Meurthe-et-Moselle, the mediation committee was set
up by the prefect two or three years ago, but it has never met: the members
have never been convened.
- in the Ile-de-France region, the appendix, entitled “Housing for the most
disadvantaged to the report by the prefect of the Ile-de-France region to the
Regional Housing Committee dated 22 November 2005 reveals that, although
two mediation committees have been set up in Val d’Oise and Seine et Marne
respectively, they have never met either. The same document reveals that the
manifestly excessive waiting time for an offer of housing has been defined by
collective agreements as three years in Ile-de-France and between six and
ten years in Paris.
b)
The Government
-
As to the selection criteria applied to those who take priority
114. The Government points out that, while a social mix is a general
objective under Article L.441 of the Building and Housing Code, this objective
takes no precedence whatsoever over the priority criteria.
-
As to the départements’ housing action plans for disadvantaged
persons (PDALPDs)
115. The Right to Housing Act of 31 May 1990 made it compulsory for every
département to draw up and implement a housing action plan for the
disadvantaged, and to set up a housing solidarity fund. The département’s
plan is the responsibility of the representative of the State in each
département, the prefect and the president of the département council
(conseil général). The housing solidarity fund is financed equally by the State
and the département. The specific aim of the plan is to help low-income
individuals and families whose social and financial situation makes them
vulnerable in the housing sphere, as well as specific groups more exposed to
housing difficulties (immigrant families, migrant workers, travellers, young
people, etc). In accordance with the Act, these action plans are required “to
give priority to persons and families who are completely homeless, at risk of
eviction without rehousing, in temporary accommodation, housed in slums,
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents