7
“Section 62: If the eviction concerns premises used as the principal residence of
the person being evicted or anyone occupying them on the latter's initiative, it
shall not take place […] until the expiry of a period of two months after formal
notice has been served. […]
The court ordering the eviction […] may, even of its own motion, decide that the
order or judgment shall be forwarded by the registry to the State representative in
the département so that the occupant’s request to be rehoused may be
addressed under the département’s housing action plan for disadvantaged
persons, provided for in the Right to Housing Act, No. 90-449 of 31 May 1990.
As soon as formal notice to quit the premises has been served, the bailiff
responsible for enforcing the eviction order shall, on penalty of an extension of
the period of time before which eviction may not take place, inform the State
representative in the département so that the occupant’s request to be rehoused
may be addressed under the département plan referred to in the preceding
paragraph.”
29.
The Building and Housing Code reads:
“Article L.613-3: Notwithstanding any final eviction order and despite the expiry of
the period of time specified in the preceding Articles, any eviction order that has
not been enforced by 1 November of any year shall be suspended until 15 March
of the following year, unless the persons concerned are rehoused under
adequate conditions, such that the family is kept together and its needs are met.”
30.
Circular UHC/IUH 1 No 2005-32 of 11 May 2005 on the prevention
of tenant evictions reads:
“The prevention of evictions is one of the government's priorities for combating
exclusion.”
e) Reducing the number of homeless (and the number of people in
emergency accommodation)
31.
The Social and Family Action Code reads:
“Article L.345-2: A social surveillance unit shall be set up in each département, on
the initiative of the State representative in the département, to inform and advise
people in difficulty. It shall operate continuously, every day of the year, and any
individual, body or local authority may apply to it.
It shall be responsible for:
1. Assessing the urgency of the situation of the individual or family in difficulty;
2. Suggesting an immediate solution, in particular by indicating an establishment
or service that can receive the individual or family concerned and arranging
without delay for the effective implementation of this solution, in particularly with
the help of the social services;
3. Keeping records of the various accommodation facilities in the département up
to date. […]”
32.
The Housing Act, No. 94-624 of 21 July 1994, reads:
“Section 21 (as amended by Act No 2007-290 of 5 March 2007): A plan for emergency
accommodation for homeless persons shall be devised in each département
[…] and prepared by the State representative in conjunction with the local and regional
authorities and groupings of such authorities responsible for housing. […]
The département plan shall analyse requirements and provide for emergency
accommodation in premises where hygiene conditions and standards of comfort are in
keeping with human dignity.
The capacity required shall be at least one place per 2,000 inhabitants in the case of
municipalities that are members of a joint municipal public body and whose population