31
those concerned by the Plan, by means of a planned survey that was
subsequently abandoned.
105. Elsewhere, as in the Pas de Calais plan, information on needs is at
best empirically based. The non-existence of timetables for achieving the
objectives reflect these plans’ lack of ambition regarding a group of persons
whom the law has identified as a priority.
106. As a result, despite the fact that housing action plans for the
disadvantaged are mandatory, they are repeatedly modified, are assessed
and all highlight the inadequacy of resources and outcomes, but they have no
binding force.
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Risks for the least well off in the management of the prefectoral
housing quota
107. A quota of social housing is set aside for prefects to allocate “to priority
groups, in particular the poorly housed and disadvantaged families”. They
may allocate it direct or transfer their quota to mayors under Section 60 of the
Act of 13 August 2004 – Section L441-1 of the Building and Housing Code
(see §38). However, in cases where social landlords refuse to offer tenancy, it
is not possible for prefects to enforce allocation in accordance with what they
consider to be a legal and humanitarian priority.
108. ATD Fourth World considers that the “municipal protectionism” that is
such a characteristic of letting committees’ practice means that the possibility
of delegating this responsibility is an obstacle to the right to housing of the
most deprived members of the community.
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The procedure for allocating social housing lacks transparency
109. The problems attached to the arrangements for allocating social
housing to priority groups stem from the lack of transparency in the selection
of applicants for consideration by letting committees and the difficulties
experienced by the most vulnerable families in renewing their applications
within the deadline of a year from the lodging of their original applications.
-
Inadequate appeal procedures in the event of excessive waiting
time for housing
110. The operating methods of the mediation committees act as a
disincentive to highly disadvantaged families facing emergencies. Even if they
are in difficulty, applicants who are not registered on the lists submitted to
letting committees have no right of appeal. The only appeals procedure, which
was introduced by the 1998 Act, concerns cases where the “normal allocation
period”, based on the single département registration number, has been
exceeded. The mediation committees that have been established have been
slow to come into operation and are little known to the general public, and
their
opinions
are
not
binding.
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