9
36.
The Building and Housing Code reads:
“Article L302-5 (as amended by Act No. 2007-290 of 5 March 2007) : These
provisions shall apply to municipalities with a population of at least 1,500 in Ilede-France and 3,500 in the other regions that are included, according to the
population census, in an urban area with more than 50,000 inhabitants with at
least one municipality with more than 15,000 inhabitants, and in which the total
stock of social housing for rent on 1 January of the previous year constituted
fewer than 20% of principal residences. These provisions do not apply to
municipalities in urban areas whose population declined between the last two
censuses and that belong to a formal grouping of municipalities in either large or
medium-sized urban areas or a grouping of other municipalities with local housing
programme responsibilities, once such a programme has been adopted.
From 1 January 2008, these provisions shall also apply, in accordance with the
first sub-paragraph, to municipalities that are members of a joint local authority
body with its own tax-raising powers with a population of more than 50,000
inhabitants and at least one municipality with more than 15,000 inhabitants, if the
municipality in question has a population of at least 1,500 in Ile-de-France and
3,500 in the other regions and its total stock of social housing for rent on 1
January of the previous year constituted fewer than 20% of principal residences.
The levy specified in Article L. 302-7 shall be operative from 1 January 2014.”
“Article L302-6 (as amended by Act No. 2007-290 of 5 March 2007): In
municipalities situated in urban areas covered by this section, legal persons that
are owners or managers of social housing within the meaning of Article L. 302-5
are required, each year before 1 July, to supply the prefect with a list, by
municipality, of the social housing they owned or managed on 1 January of the
current year. […].”
“Article L302-7 (as amended by Act No. 2007-290 of 5 March 2007): From 1
January 2002, a levy shall be imposed on the tax income of municipalities
specified in Article L. 302-5, other than ones that receive the urban solidarity and
social cohesion allowance specified in Article L. 2334-15 of the Local and
Regional Authorities Code when their stock of social housing exceeds 15% of
principal residences.
The levy shall be 20% of the per capita tax-raising potential, as defined in Article
L. 2334-4 of the Local and Regional Authorities Code, multiplied by the difference
between 20% of the principal residences and the number of social housing units
in the municipality concerned in the previous year, as defined in Article L. 302-5,
but may not exceed 5% of the municipality's real operating expenditure as
recorded in the last but one financial year.
The levy shall not be imposed if it less than € 3,811.23.”
37.
The Right to Housing Act, No. 90-449 of 31 May 1990, reads:
“Section 2, inserted pursuant to Section 65 of the Local Responsibilities and
Freedoms Act, No.2004-809 of 13 August 2004:
Each département shall draw up a housing action plan for the disadvantaged,
setting out the planned measures to enable persons specified in section 1 to
obtain or retain decent and independent housing with water and energy supplies
and telephone services.”
“Section 3, as amended by Act No. 2006-872 of 13 July 2006, Section 60 I:
Housing action plans shall be drawn up and implemented by the State and the
département. Municipalities and their groupings shall be consulted, together with
other legal persons concerned, in particular associations whose objectives
include the integration or housing of disadvantaged persons and associations that
defend persons who are excluded from housing, family allowance and agricultural
mutual funds, water and energy suppliers, telephone operators, public and private
landlords and those responsible for collecting employers’ contributions to housing
construction. Plans shall be drawn up for a minimum of three years.[…]”