16
“Article L.441-1-4: After consulting the committee responsible for the département
housing action plan for the disadvantaged, joint municipal public bodies that have
concluded an agreement specified in Article L. 441-1-1 and representatives of
social letting agencies in the département, the State representative in the
département shall, having regard to local circumstances, issue an order
specifying the period beyond which persons who have applied for social housing
may refer the matter to the mediation committee specified in Article 441-2-3.”
“Article L.441-2-3 (as amended by Act No. 2007-290 of 5 March 2007):
I. The State representative in each département shall establish, by 1 January
2008, a mediation committee and appoint a qualified person to chair it.
As specified in an order of the Conseil d'Etat, such committees shall be
composed of equal numbers of:
1. State representatives;
2. representatives of the département, joint municipal public bodies specified in
Article L. 441-1-1 and municipalities;
3. representatives of letting agencies and bodies responsible for managing any of
various forms of short term or transitional housing, hostel or hotel-type
accommodation for social purposes operating in the département;
4. representatives of tenants’ associations and recognised associations working
in the département whose objectives include the integration or housing of
disadvantaged persons.
II. Cases may be referred to mediation committees by persons meeting the
statutory eligibility criteria for social housing who have not received a suitable
offer of housing in response to their request within the period laid down in
accordance with Article L. 441-1-4.
Cases may also be referred without any qualifying period by applicants who, in
good faith, are deprived of accommodation, threatened with eviction without
rehousing, housed or accommodated temporarily in a transitional dwelling or
establishment or accommodated in premises that are unfit for habitation or
otherwise unhealthy or dangerous.
Cases may also be referred without any qualifying period by applicants who are
accommodated in manifestly overcrowded premises or ones that fail to meet the
requirements of decent housing and who have at least one under-age child, are
disabled, as defined in Article L. 114 of the Social and Family Action Code, or
have at least one dependent household member with such a disability.
Applicants may be assisted by an association whose objectives include the
integration or housing of disadvantaged persons or an association that defends
the socially excluded and is recognised by the State representative in the
département.
The letting agency or agencies to whom such applications have been made shall
supply committees with all relevant information on applicants’ status and why no
offer has been made.
Within a period specified in a decree, mediation committees shall designate
applicants whom they consider to be priority cases and who must be offered
housing as a matter of urgency. They shall specify for each applicant the nature
of this housing, having regard to their needs and their abilities. Applicants shall be
notified in writing of the decision, for which reasons must be given. Committees
may make proposals for dealing with applications that they do not consider to be
priorities.
Mediation committees shall transmit to the State representative in their
département, a list of applicants who must be offered housing as a matter of
urgency.
After consulting the mayors of the municipalities concerned and having regard to
the social mix objectives specified in the joint municipal or département collective
agreement, the State representative shall allocate each applicant to a social
letting agency with accommodation corresponding to the application. State
representatives shall specify the geographical area within which such