34
priority groups are becoming increasingly diversified and the cohort of families
made vulnerable by unemployment or an uncertain existence is growing.
Landlords are therefore snowed under with priority applications and they
reproduce, among this category, the selection criteria that apply to ordinary
applicants: guarantees of work and income, family stability, and so on.
122. Applicants in a highly vulnerable situation (particularly those at risk of
eviction) who consider themselves to have been unfairly treated can,
however, apply to the mediation committee without a qualifying period to
contest a refusal to allocate them housing.
-
As to the means of appeal in the event of excessively long waits
for housing
123. The Government contends that the allocation process has a legal
framework and is under judicial supervision. In particular, the administrative
courts review the decisions of allocation committees. In a similar vein, an
administrative court confirmed that the PDALPD was autonomous from the
legislation (the Act of 31 May 1990), and set aside the former’s adoption for
non-conformity with the provisions of the Act. The plan cannot exclude from
the category of priority candidates for social housing persons not excluded by
the Act.
124. In certain cases, the administrative court also ruled that it had
jurisdiction to monitor the lawfulness of individual decisions on the allocation
of social housing. It thus took the view that, although the homes in question
were in public bodies’ private sphere, decisions on specific persons taken by
allocation committees could be separated out from rental contracts, and could
therefore be referred to the court dealing with abuses of authority1. For
instance, an administrative court set aside a decision not to allocate a home
and urged an office to re-examine the applicant’s situation, on the grounds
that the allocation committee had not conducted a full examination of that
situation2. In the same case, the appeal court granted compensation for the
damage suffered as a result of an unlawful refusal to allocate3.
125. Moreover, there is an effective remedy if allocation takes an excessive
amount of time. Mediation committees were set up under the Act of 29 July
1998. Any applicant for social housing who has waited for longer than a
period laid down in an agreement between the département’s landlords and
the prefect may apply to these committees.
126. In addition, the Act on a national housing commitment reformed the
system in the following respects:
- Applicants for housing are to be informed of the committee’s existence and
application system.
- Membership of the committee: it is to be chaired by a qualified personality, a
fact which is likely to increase its independence. Representatives of tenants’
associations and integration associations are already on the committee.
1
Nantes administrative court, 14/03/1995, Melle Lefaucheux and M Grange.
Versailles administrative court, 06/07/2001.
3
Versailles administrative court of appeal, 10/02/2001.
2
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