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Local and regional authorities shall contribute, in accordance with their powers
and responsibilities, to achieving the objectives specified above.
Social landlords and letting agencies shall allocate social housing in accordance
with the provisions of this sub-section.
The State shall ensure that the rules governing the allocation of social housing
are complied with.”
“Article L.441-1: The order of the Conseil d'Etat specified in Article L. 441-2-6
shall lay down the rules governing the allocation of dwellings built, improved or
acquired and improved with State financial support or giving entitlement to
personalised housing assistance and belonging to or managed by social housing
agencies. The order shall require allocation procedures to take account of
households’ assets, composition, income and current housing circumstances,
distance from their place of work and the availability of local facilities reflecting
applicants’ needs. If any household members are employed as registered
maternal or family assistants this shall also be taken into account.
The order shall establish the general criteria for the allocation of housing, with
priority given to:
a. persons with disabilities or families caring for a person with a disability;
b. persons who are poorly housed, disadvantaged or otherwise experiencing
housing problems for financial or social reasons;
c. persons housed or accommodated temporarily in a transitional dwelling or
establishment;
d. persons who are poorly housed and are resuming work after a period of longterm unemployment.
The order shall determine the arrangements for consulting mayors of
municipalities where social housing is located on the principles governing its
allocation and the consequences of their application.
The order shall also specify the conditions governing, and restrictions on, social
housing agencies’ right to reserve certain initial and subsequent lettings of
dwelling specified in the previous sub-section for particular categories of
applicant, in exchange for the provision of land, financing or a financial
guarantee. Reservation agreements that fail to comply with the restrictions
specified in this sub-section shall be null and void.
The order shall specify the procedure for concluding such reservation
agreements, in exchange for the provision of land, financing or a financial
guarantee by a municipality or a joint municipal public body. These reservation
arrangements shall continue for five years after loans contracted by letting
agencies and guaranteed by municipalities or joint municipal public bodies have
been fully repaid. […]”
“Article L 441-1: [The order] shall also specify the conditions governing, and
restrictions on, the right of State representatives in départements to reserve
dwellings for priority applicants, particularly those who are poorly housed or
disadvantaged.
State representatives in départements may reach an agreement with any mayor
to delegate to that mayor or, with the mayor's agreement, to the chair of the joint
municipal public body responsible for housing, all or part of their reserved quota
of dwellings in the area of the municipality or joint municipal public body
concerned.
The agreement shall establish the obligations of the assignee concerning the
application of the right to housing, the procedure for assessing the delegation
once a year and the procedure for terminating it should the assignee fail to
comply with the obligations.
If a State representative finds that the previous year’s objectives in the housing
action plan for the disadvantaged have not been fulfilled and a notice to comply
has remained without effect for three months, he or she shall replace the mayor
or the chair of the joint municipal public body and decide directly on the allocation
of reserved dwellings.”